New York Notary Exam Glossary — 363 Terms
All 363 terms in this glossary are sourced directly from the official New York Notary Public License Law pamphlet and related materials published by the New York Department of State. Definitions reflect current New York law. Terms are organized alphabetically and fully searchable below.
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- § 335
- The section of Article 8-A that establishes special remedies when rental of a safe deposit box is not paid or when the box is not vacated on termination of the lease.
- §130. Appointment of notaries public.
- The statutory provision stating that the Secretary of State may appoint as many notaries as deemed fit; the notary term is 4 years; the notary must be a resident of New York or have a place of business within New York; a notary who moves out of state but keeps a business or office in New York may keep the title, while one who ceases to have a business or office in New York vacates the title; the applicant must be of good moral character, have a common school education, and be familiar with duties and responsibilities; reapplication may be made 6 months before expiration, or within 1 year before expiration if military service caused the missed window; the Secretary of State may suspend or remove a notary after providing charges and a hearing; and a person convicted of a crime may not be appointed unless in conformance with Article 23-A.
- §131. Procedure of appointment; fees and commissions.
- The statutory procedure requiring applicants to submit an application and oath of office with signature, prove competency and good moral character, pay a $60 application fee, receive a notary public ID card, and have the Secretary of State submit the commission and oath materials to the county clerk by the 10th of the following month; it also covers reappointment, a $60 county-clerk fee, a $40 transfer to the Secretary of State, a $10 change-of-name-or-address fee, and issuance of a duplicate ID if lost, destroyed, or damaged.
- §135
- The section of the Executive Law that defines the notary’s general authority.
- §137
- The section of the Executive Law that requires the notary public to include the venue of the act in all certificates of acknowledgments or jurats to affidavits.
- §170.10
- A New York criminal statute titled “Forgery in the second degree,” which classifies the offense as a Class D Felony and describes it as falsely making, completing, or altering a written document to defraud, deceive, or injure another.
- §175.40
- A New York criminal statute titled “Issuing a false certificate,” which classifies the offense as a Class E Felony and describes it as issuing a false certificate with intent to defraud, deceive, or injure another person while knowing it contains a false statement or false information.
- §182.1
- A notary advertising rule stating that a notary cannot advertise as a lawyer using any foreign languages, and that any advertisement of notary services in any language must include a required disclaimer, translated if necessary.
- §195.00
- A New York criminal statute titled “Official misconduct,” which classifies the offense as a Class A Misdemeanor and includes performing unauthorized acts or failing to perform the duties of a notary when requested.
- §2309(b)
- The Civil Practice Law and Rules provision stating that an oath or affirmation shall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs.
- §70.00
- A New York sentencing provision titled “Sentence of imprisonment for felony,” which sets maximum jail sentencing terms for felony classes listed in the text, including an indeterminate sentence with a 3-year maximum, a Class E felony with a 4-year maximum, and a Class D felony with a 7-year maximum.
- §70.15
- A New York sentencing provision titled “Sentences of imprisonment for misdemeanors and violation,” which states that a Class A misdemeanor may carry up to 1 year in jail or 3 years’ probation, plus a fine of $1,000 or twice the amount of the individual’s gain from the crime.
- 365 days
- In the context of misdemeanor definite sentences or maximum definite sentences of imprisonment, this phrase is interpreted and applied as three hundred sixty-four days.
Example: If a customer stops paying the annual fee for a bank safe deposit box, the bank can use the procedures in § 335 to deal with it, such as opening the box under the law’s rules and handling its contents properly. For example, if the lease ends and the renter never comes back to empty the box, this section gives the bank a legal way to recover the box and secure any valuables inside.
Example: A practical example is a real estate assistant in Albany who applies to become a notary because she has a New York office, a good reputation, and knows how to properly witness signatures. Four years later, she moves to New Jersey but still keeps her office in New York, so she can keep her notary title; but if she closes that New York office, she loses the appointment.
Example: A person applying to become a notary fills out the application, signs the oath, shows they’re qualified and trustworthy, and pays the $60 fee. After approval, they get a notary ID card, and the Secretary of State sends their commission paperwork to the county clerk by the 10th of the next month; later, if they move or lose their ID, they pay the required update or duplicate-card fee.
Example: Imagine a notary at a real estate closing in New York: §135 is the law that tells the notary what they’re generally allowed to do, like witnessing signatures and administering oaths. It’s basically the notary’s “permission slip” section in the Executive Law.
Example: A notary in Albany is asked to notarize an affidavit for a tenant. Under §137, the notary must write the venue, such as “State of New York, County of Albany,” in the jurat or acknowledgment so it shows where the notarization took place.
Example: A person changes the amount on a signed check from “$50” to “$500” and tries to cash it at a bank. That’s a real-world example of forgery in the second degree because they altered a written document to deceive and get money they weren’t entitled to.
Example: A hospital administrator signs a medical certificate saying a patient is fit to return to work, even though the administrator knows the patient still has a serious condition and the statement is false. Because the certificate was issued knowingly to mislead the employer, that could be an example of **issuing a false certificate** under §175.40.
Example: A notary who speaks Spanish cannot put “abogado” on a flyer to make it seem like they are a lawyer. If they advertise notary services in Spanish, the ad must still include the required disclaimer, and if needed, that disclaimer has to be translated so clients understand it clearly.
Example: A notary public at a real estate office is asked to verify a signature on a deed but signs it without checking the signer’s ID, even though the law requires it. Because the notary used their official position improperly and failed to do their duty, that could be treated as “official misconduct” under §195.00 in New York.
Example: A witness who doesn’t swear traditional religious oaths might be asked to affirm, “I solemnly affirm that my testimony is true,” instead of “so help me God.” The goal is to make the promise feel serious and meaningful to that person, so they understand they must tell the truth.
Example: For example, if someone in New York is convicted of a **Class E felony**, the judge can’t just give any prison term—they must follow **§70.00**, which limits the sentence to a **maximum of 4 years**. If the felony is more serious, like a **Class D felony**, the maximum rises to **7 years**, showing how the law ties the punishment to the felony class.
Example: A person in New York is convicted of a Class A misdemeanor for repeatedly stealing small items from a store. Under §70.15, the judge could sentence them to up to 1 year in jail or place them on probation for up to 3 years, and also order a fine of $1,000 or twice the money they made from the theft, whichever is greater.
Example: For a misdemeanor sentence, “365 days” may legally be treated as 364 days instead of a full year. For example, if a judge says someone must serve “365 days” for a minor offense, the court might count it as 364 days so the sentence fits the rule for a misdemeanor definite sentence.
A
- abandoned property
- Property or funds remaining after the specified retention periods and unpaid charges are treated as abandoned property subject to article three of the abandoned property law; this applies to sale proceeds balances and to remaining coin and currency after three years.
- acknowledgements
- Acts that may not be taken without the personal appearance of the individual making them; the text also notes that, as of 2/25/22, New York state allows remote or virtual appearance over video conferencing applications for signing.
- Acknowledgment
- A notarial act in which the notary public certifies the identity and execution of a document. The notary must know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument. The signer does not need to sign in the notary’s presence, but must appear personally before the notary. Taking acknowledgments over the telephone is illegal and is misdemeanor conduct.
- Acknowledgment (each person)
- A fee item in the schedule charged at $2.00 per person.
- acknowledgments
- A type of act that a commissioner of deeds may administer after qualifying, along with proofs of deeds and other instruments, in any part of the city of New York.
- acknowledgments of deeds
- A function that certain persons outside the state but within the United States or a U.S. territory or possession may be authorized to take under the real property law for purposes of serving as persons before whom depositions may be taken.
- administer oaths
- The authority that certain persons must have within the state to serve as persons before whom depositions may be taken under Rule 3113.
- Administrator
- A person appointed by the court to manage the estate of a deceased person who left no will.
- admission to practice as an attorney and counselor-at-law
- The admission process for persons who have graduated from an approved law school and taken the immediately available examination after graduation or after notice of failure, subject to the supervision and approval conditions stated in the text.
- adverse party
- The opposing party at whose instance the deposition of a party is taken; when this occurs, the deponent may be cross-examined by his or her own attorney.
- Advertising
- A notary rule under §182.1 that restricts lawyer-style advertising in foreign languages and requires a specific disclaimer in any advertisement of notary services.
- Affiant
- The person who makes and subscribes his signature to an affidavit.
- Affidavit
- A written statement confirmed by oath or affirmation for use as evidence in court. The venue, meaning the county where the affidavit was sworn, should be stated. The affidavit involves the administration of an oath to the affiant, and the wilful making of a false affidavit is perjury. It is described as an ex parte statement.
- affidavits
- Statements that may not be taken without the personal appearance of the individual making them; the text also notes that, as of 2/25/22, New York state allows remote or virtual appearance over video conferencing applications for signing.
- affinity
- A relationship by marriage that can disqualify a person from acting as the person before whom a deposition may be taken if the person is related to a party.
- affirm
- To make a declaration in place of an oath for a person who conscientiously declines taking an oath, using the stated form that the statements are true and correct.
- Affirmation
- A spoken pledge made on the signer’s personal honor with no reference to a higher power. The text says it is equivalent to an oath and just as binding.
- alters
- One of the acts that can constitute forgery in the second degree when done with intent to defraud, deceive, or injure another and applied to a written instrument covered by the statute.
- Apostille
- Department of State authentication attached to a notarized and county-certified document for possible international use.
- appellate division of the supreme court
- The court division that must approve the program under which certain law students and graduates may engage in otherwise prohibited activities, and that approval must be tied to the department where the organization’s principal office is located or where the activities are taking place.
- application fee
- The non-refundable fee of sixty dollars that applicants for appointment or reappointment must submit with the application.
- application for an appointment as notary public
- The form an applicant must submit for appointment as a notary public; it must be in the form and contain the matters prescribed by the secretary of state.
- application form
- The form prescribed by the secretary of state that an applicant must use and on which all required information must be provided.
- appointed
- The status a notary public must obtain before performing any notarial acts; the notary must be appointed and commissioned by the secretary of state.
- Appointment as Notary Public
- A notarial commission item in the fee schedule with a total commission fee of $60.00, consisting of a $40 appointment fee and a $20 filing fee for the Oath of Office.
- armed forces of the United States
- Military service that, if it caused failure or inability to re-apply during the renewal period, may allow waiver of qualifying requirements for reappointment if the application is made within one year after discharge under specified conditions.
- Article 23-A
- The statutory framework referenced as the exception under which a person convicted of a crime may still be appointed notary if the statutory requirements are met.
- ARTICLE 31. DISCLOSURE
- The article of the Civil Practice Law and Rules that contains Rule 3113 on the conduct of the examination.
- ARTICLE 8-A. SAFE DEPOSIT BUSINESS
- The article of the Banking Law that sets out rules and remedies for safe deposit boxes, including notice, opening, inventory, retention, sale, destruction, and treatment of abandoned property.
- article three of the abandoned property law
- The legal provisions that govern property deemed abandoned under this section after the applicable three-year period.
- article twenty-three-A of the correction law
- The statutory authority whose requirements must be considered in determining whether a conviction bars appointment as a notary public.
- assignment
- A type of written instrument listed as a possible subject of forgery in the second degree.
- assistant corporation counsel
- An assistant the mayor may designate to preside over a hearing on complaint against a commissioner of deeds. The assistant may subpoena witnesses, compel attendance, administer oaths, compel production of books and papers, receive exhibits, and certify the stenographer’s minutes and exhibits with recommendations.
- Attest
- To witness the execution of a written document.
- Attestation Clause
- A clause at the end of a will in which the witnesses certify that the will has been executed.
- attorney and counsellor at law
- A person duly admitted to practice in the state who is exempted from the secretary of state’s qualifying review before issuance of a notary public commission.
- attorney and counselor-at-law
- A person admitted to practice law; the text also refers to the equivalent of such a person when admitted in another state, territory, district, or foreign country.
- Attorneys and Nonresidents
- Persons residing out of state who maintain an office in New York; they are deemed residents of the county of their office location, and their oath of office and signature must be filed.
- audio and visual clarity
- A required quality of communication technology that must be sufficient to let the notary and the person requesting the notarial act see and speak to each other simultaneously through live, real-time transmission throughout the entire notarial act.
- audio-video communication session
- The communication session that must be recorded and archived as required for electronic notarial acts.
- authenticate
- The act performed by a county clerk upon demand and payment of fifty cents to certify that an acknowledgment, proof, or oath taken before a commissioner of deeds was taken by an officer duly authorized to do so, based on comparison with the filed autograph signature and the clerk’s knowledge of the handwriting.
- Authentication
- The county clerk’s certificate that authenticates a notary's authority.
- Authentication Certificate
- A fee item in the schedule charged at $3.00.
- autograph signature
- The commissioner of deeds’ signature filed with the county clerk and used for comparison when authenticating acknowledgments, proofs, or oaths. A commissioner may file the autograph signature and certificate of appointment in the office of any county clerk in the city.
Example: A bank account has been inactive for years, and the owner never responds to notices. After the required retention period passes, the remaining balance is treated as abandoned property and turned over under the abandoned property law.
Example: A good example of an **acknowledgement** is when someone signs a deed to sell their house and then appears before a notary to confirm, “Yes, I signed this document willingly.” In New York, that confirmation can now be done in person or, in many cases, through a remote video conference instead of physically standing next to the notary.
Example: A homeowner signs a deed at home and later brings it to a notary to acknowledge it before it can be recorded. The notary checks the signer’s ID, confirms the person is the one named in the deed and actually signed it, and then certifies the acknowledgment—even though the signing did not happen in the notary’s presence.
Example: For a wedding banquet, if 50 guests each receive an acknowledgment item listed in the schedule, the charge would be $2.00 per person, or $100 total. This helps show how the fee is applied individually to each person rather than as one flat group charge.
Example: For example, if you’re buying an apartment in New York City, you may sign the deed in front of a commissioner of deeds. The commissioner then officially confirms your signature as an acknowledgment, showing that you really signed the document willingly and that it can be filed properly.
Example: Imagine a military lawyer stationed on a U.S. base in Guam who is authorized to witness and certify a signed real estate document. That certification works like an “acknowledgment of deed,” letting the deed be legally accepted even though it wasn’t signed before a local state official.
Example: A county clerk is authorized by the state to swear in a witness before a deposition, saying, “Do you swear to tell the truth?” That clerk is administering the oath, which means they have the legal authority to formally place the witness under oath before testimony is taken.
Example: When a man dies without leaving a will, the court appoints his daughter as the administrator to gather his bank accounts, pay his debts, and distribute what remains to the legal heirs. She acts like the estate’s manager, making sure everything is handled according to the law.
Example: After graduating from an approved law school, Maria signs up for the very next bar exam instead of waiting months. If she passes and meets the court’s approval requirements, she is formally admitted to practice as an attorney and counselor-at-law, allowing her to represent clients in court and give legal advice.
Example: In a car accident lawsuit, the plaintiff’s lawyer schedules a deposition of the defendant driver. The plaintiff is the **adverse party** because they are the opposing side requesting the deposition, and during it the defendant’s own lawyer can step in to cross-examine.
Example: A notary in a Spanish-speaking neighborhood wants to run a Facebook ad saying, “We can help with all your documents quickly and affordably.” Under §182.1, that ad would need the required disclaimer about notary services, and the wording can’t cross the line into lawyer-style advertising just because it’s in another language.
Example: An affiant is the person who signs an affidavit to swear that the information in it is true. For example, if you go to court and sign a written statement saying you saw a car accident, you are the affiant.
Example: A landlord files an affidavit saying, “I saw the tenant damage the apartment,” and signs it in front of a notary in Cook County, Illinois, after swearing it is true. The court can use that written sworn statement as evidence, and if the landlord knowingly lied in it, that would be perjury.
Example: If you need to prove to a court that you witnessed a car accident, you might sign an affidavit describing exactly what you saw. Normally, you would appear in person to swear to it, but in New York you can also do that remotely over a video call when allowed.
Example: Imagine a court reporter is scheduled to take a deposition, but one of the parties is the reporter’s brother-in-law. Because that relationship is by marriage, the reporter has an **affinity** with the party, which could make them inappropriate to oversee the deposition.
Example: In court, a witness who has religious objections to swearing an oath may instead **affirm** that everything they say is true and correct. For example, before testifying, they might say, “I solemnly affirm that my testimony is truthful.”
Example: For example, if a witness is testifying in court and does not want to swear on a Bible, they can instead make an affirmation by saying they promise to tell the truth based on their own honor. It means the same thing as an oath: they are still legally and morally bound to be truthful.
Example: Imagine someone changes the amount on a check from “$50” to “$500” before cashing it. That act of changing the written instrument is an example of **altering** it with intent to deceive or defraud.
Example: If you’re sending your diploma to study abroad, the school may ask for an **apostille** so the foreign government can trust that your notarized and county-certified document is authentic. For example, before you can use a birth certificate in another country, the Department of State may attach an apostille to make it valid for international acceptance.
Example: Imagine a legal aid nonprofit in Brooklyn wants to let supervised law students help interview clients and draft basic forms, even though those tasks would normally be restricted. The appellate division of the supreme court for that region would have to approve the program, and the approval would come from the department covering Brooklyn or the place where those student activities are happening.
Example: For example, if Maria applies for a city board position, she must include the $60 application fee with her paperwork. Even if she is not selected or later withdraws, that fee is not returned because it is non-refundable.
Example: A person who wants to become a notary public might fill out an official state form with their name, address, background information, and any other required details. They submit this completed application to the secretary of state so it can be reviewed before they are appointed.
Example: For example, if someone wants to register a new business, they must fill out the state’s official application form rather than writing their own letter. The form asks for all the required details, like the business name, owner information, and address, so the secretary of state has everything needed to review the application.
Example: For example, Maria finishes her notary training and applies to the secretary of state. She cannot legally notarize any documents until she is officially **appointed and commissioned**, like getting an official license before starting the job.
Example: For example, when Maria is approved to become a notary public, she pays a $40 appointment fee and a $20 filing fee for her Oath of Office, for a total of $60. She can think of it as the cost of getting officially commissioned and having her paperwork filed.
Example: For example, if a licensed professional is called to active duty in the U.S. Army and misses the deadline to renew their license while deployed, they may be allowed to reapply later without having to meet every normal renewal requirement. This waiver would apply if they return and submit the application within one year after being discharged, under the rule’s conditions.
Example: A person was convicted of a nonviolent offense years ago but later completed all court requirements, stayed out of trouble, and received a certificate showing they were rehabilitated. When they apply to become a notary, Article 23-A is the rule that lets the appointing authority consider them anyway, instead of automatically rejecting them because of the old conviction.
Example: During a lawsuit, a lawyer schedules a deposition to question a witness under oath, and the rules for how that examination is conducted come from Article 31 of the Civil Practice Law and Rules. For example, Rule 3113 would govern how the questioning happens, such as who may be present and how objections are handled.
Example: Imagine a customer stops paying rent on a bank safe deposit box and the bank must follow Article 8-A before doing anything with it. The bank has to send notice, open the box properly, inventory what’s inside, and then either keep, sell, destroy, or turn over abandoned items according to the law.
Example: For example, if a renter leaves a storage unit full of furniture and doesn’t pay rent or contact the owner for three years, Article Three would control what happens to that property after the abandonment period ends. In practice, it tells the owner whether they can sell, dispose of, or otherwise handle the items according to the law.
Example: For example, if someone with a prior conviction applies to become a notary public, the licensing officer would check Article 23-A of the Correction Law to see whether that conviction legally disqualifies them. It helps determine if the person can still be appointed based on factors like the nature of the offense and whether it relates to the duties of a notary.
Example: Imagine someone signs over their right to collect a $5,000 insurance payout to another person by writing an assignment document. If a fraudster forges that document to make it look like the transfer was authorized, that forged assignment could be treated as a subject of forgery in the second degree.
Example: If a commissioner of deeds is accused of misconduct, the mayor might assign an assistant corporation counsel to run the hearing like a mini court proceeding. For example, that assistant could call witnesses, require them to show up, swear them in, collect documents, and then send the mayor a written recommendation with the hearing record.
Example: When you sign as a witness on a friend’s will, you are **attesting** that you saw them sign it. In real life, people often attest to documents like contracts or affidavits by confirming the signature was made properly.
Example: For example, after Maria signs her will, the two people who watched her sign add an attestation clause at the end saying they saw her do it and that she appeared to be of sound mind. This helps prove the will was properly executed if it is ever challenged later.
Example: For example, a licensed lawyer in New York applies to become a notary public. Because they are already an **attorney and counsellor at law**, they do not have to take the secretary of state’s qualifying review before getting their notary commission.
Example: Imagine someone who graduated from law school, passed the bar exam, and is officially licensed to represent clients in court and give legal advice. If that same person is licensed in another U.S. state or even another country, they may still be treated as the equivalent of an “attorney and counselor-at-law” for certain legal purposes.
Example: For example, a lawyer who lives in New Jersey but keeps a law office in Manhattan is treated as a resident of New York County for this purpose. To serve in that role, the lawyer must file an oath of office and signature with the proper office in New York.
Example: A remote online notary session where the signer is on a video call and the notary can clearly see the signer’s face, ID, and documents while also hearing their answers in real time is an example of audio and visual clarity. If the image freezes, the sound cuts out, or they can’t see each other at the same time, the communication technology would not meet this requirement.
Example: A remote online notary meeting where the signer and notary connect by webcam and microphone to complete a property deed is an audio-video communication session. The platform records the entire session and stores it afterward so the notarial act can be verified later if needed.
Example: For example, if someone brings a deed to the county clerk and asks for it to be authenticated, the clerk checks the commissioner of deeds’ signature against the one on file and uses their knowledge of that handwriting to confirm it’s genuine. After the fee is paid, the clerk certifies that the acknowledgment or oath was properly taken by an authorized officer.
Example: For example, if a bank needs to confirm that a notary really has the legal power to notarize documents, it may ask for the county clerk’s certificate. That certificate acts like official proof that the notary is authorized, so the bank can trust the notarized paperwork.
Example: Imagine you’re renewing a professional license online, and the agency requires a document proving your identity or credentials. The system adds an “Authentication Certificate” fee of $3.00 to process that verification, similar to paying a small charge for an official proof document.
Example: For example, if a commissioner of deeds signs an acknowledgment on a property document, the county clerk can compare that signature to the commissioner’s filed autograph signature to confirm it’s genuine. It works like a reference sample on record, helping prevent forged or incorrect notarizations.
B
- BANKING LAW
- The body of New York law containing Article 8-A, which governs safe deposit business and the special remedies available to a lessor when rent is unpaid or a safe deposit box is not vacated.
- benefit
- Something a public servant may intend to obtain for himself or herself, or to deprive another person of, in the offense of official misconduct.
- bill of exchange
- A negotiable instrument that may be presented for payment or acceptance and, if refused, may be the subject of a protest by a notary public under seal.
- Bill of Sale
- The document passing the title of property from one person to another.
- black ink
- The required ink color a commissioner of deeds must use to affix the date of term expiration and official number, and to print, typewrite, or stamp the name beneath the signature on each instrument sworn to, acknowledged, or proved.
- board of law examiners
- The body that notifies applicants that they failed to pass an examination and whose notice triggers the next immediately available examination opportunity described in the text.
- bonds
- A type of security that, when found in a safe deposit box, may be sold if the lessor has power to sell the contents of the box.
- Bookman v. City of New York
- A cited case for the rule that an oath must be administered in the form required by statute.
- books and papers
- Materials whose production the mayor, or a designated assistant corporation counsel, may compel in proceedings for removal of a commissioner of deeds.
Example: A bank in New York rents safe deposit boxes to customers under a contract. If a customer stops paying the rental fee or refuses to empty the box after the lease ends, Article 8-A gives the bank special legal remedies to recover the unpaid rent or regain control of the box.
Example: For example, a city inspector might ignore a building code violation because the contractor promises to give the inspector free home repairs later. In that case, the inspector is seeking a personal **benefit** from the misconduct.
Example: Imagine a coffee bean exporter in Kenya ships goods to a buyer in France and draws up a bill of exchange telling the buyer to pay $10,000 in 60 days. If the buyer refuses to accept or pay it, the exporter can have a notary public formally protest the bill, creating official proof of nonpayment.
Example: When you buy a used car from a neighbor, you both sign a bill of sale that says the car now belongs to you. It acts as proof that ownership was transferred from the seller to the buyer.
Example: A commissioner of deeds signs a sworn affidavit and, by rule, uses **black ink** to write the expiration date of the commission and official number, then types or stamps their name under the signature. For example, on a property deed acknowledgment, the commissioner would not use blue or red ink—only black—so the document is properly completed and accepted.
Example: For example, if an applicant takes the bar exam and receives a notice from the board of law examiners saying they did not pass, that notice starts the clock for their next chance to retake the exam. In practice, this means the applicant can register for the next available exam date instead of waiting for a separate approval letter.
Example: Imagine a bank customer keeps a safe deposit box full of old papers, including a bond certificate. If the rental agreement gives the bank or lessor the legal power to sell the box’s contents, that bond could be sold to recover unpaid fees or under the rules of the agreement.
Example: A city clerk is swearing in new poll workers, but instead of using the exact oath language required by state law, she paraphrases it. Later, when someone challenges the validity of the poll workers’ authority, **Bookman v. City of New York** would be cited for the rule that the oath has to be given in the precise form the statute requires.
Example: If the mayor starts a removal proceeding against a commissioner of deeds, they can require the commissioner to turn over relevant **books and papers**—for example, appointment records, signed acknowledgments, and complaint files. Think of it like a workplace investigation where the boss can demand the employee’s documents to check whether misconduct occurred.
C
- certificate of acknowledgment
- The certificate attached to or associated with an acknowledgment taken before a commissioner of deeds, which may be authenticated by a county clerk and then used for recording or evidence purposes.
- certificate of appointment
- A certificate made out by the commissioner of deeds clerk and issued by the city clerk that shows the appointment and term of office of a commissioner of deeds and states the county in which the commissioner resides. It may be filed in the office of county clerks in the city, and filing requires payment of one dollar in each office.
- certificate of conviction
- A certificate that a person sentenced prior to the effective date of the subdivision is entitled to obtain from the criminal court or the clerk thereof, setting forth the sentence as three hundred sixty-four days as described in subdivision one of section 60.60 of the criminal procedure law.
- certificate of the city clerk
- A certificate issued by the city clerk stating that the clerk has examined the applicant and believes the applicant to be competent to perform the duties of a commissioner of deeds. It is required for applicants other than those covered by the stated attorney/reappointment exceptions, and the fee for issuing each certificate is fifty cents.
- certificate under seal
- The document the notary public must file with the lessor after the safe deposit box is opened; it must fully set out the date of opening, the lessee’s name, and a list of the contents, if any.
- certification authority
- An entity identified in the records for electronic notarial acts if it is not included as part of the communication technology used by the electronic notary.
- Certified Copy
- A copy of a public record signed and certified as a true copy by the public official having custody of the original. The text states that a notary public has no authority to issue certified copies and must not certify the authenticity of legal documents.
- Change of Name/Address
- A fee item in the schedule charged at $10.00.
- change requests
- Requests for which a fee of $10 must be paid to the secretary of state at the time of submission.
- charges
- The accusations that must be served on a notary public before removal from office, along with an opportunity to be heard.
- Chattel
- Personal property, such as household goods or fixtures.
- Chattel Paper
- A document used in secured transactions to sell property on credit while retaining some interest in the property.
- choses in action
- A category of property that may be sold when found in a safe deposit box under the section’s grant of power to sell contents.
- Civil Practice Law and Rules
- The body of law that prescribes the manner and form in which notaries public must administer oaths and affirmations.
- civil service promotional examination
- The examination a court clerk of the unified court system must have taken to qualify for the exemption from the secretary of state’s qualifying review.
- Class A Misdemeanor
- A misdemeanor classification that, under the text, may be punished by a maximum of 1 year in jail or 3 years’ probation, and a fine of $1,000 or twice the amount of the individual’s gain from the crime. The text also identifies official misconduct and refusing to take an oath or affidavit as Class A misdemeanors.
- Class B misdemeanor
- A misdemeanor for which a sentence of imprisonment must be a definite sentence fixed by the court and may not exceed three months.
- Class D Felony
- A felony classification that, under the text’s sentencing chart, carries a maximum imprisonment term of 7 years. The text also identifies forgery in the second degree as a Class D Felony.
- Class E Felony
- A felony classification that, under the text’s sentencing chart, carries a maximum imprisonment term of 4 years.
- clerk thereof
- The clerk of the criminal court from whom a person sentenced prior to the effective date of the subdivision may obtain a certificate of conviction.
- Codicil
- An instrument made subsequent to a will and modifying it in some respects.
- collateral consequences
- Consequences that may result from the judgment and sentence under the law in effect at the time of conviction, and which may support a motion to set aside the sentence under section 440.20.
- commercial instrument
- A type of written instrument listed as a possible subject of forgery in the second degree.
- commercial paper
- A category of paper referenced in the fee schedule for protest services.
- commission
- The notary’s official appointment document or authority, which is forwarded by the Secretary of State to the county clerk and has a term of 4 years.
- commission number
- The number associated with the notary public’s commission, any change in which must be transmitted to the county clerk after registration.
- commissioned
- The status of a notary public appointed by the secretary of state for a four-year term before performing notarial acts.
- commissioner of deeds
- An appointed officeholder who, after qualifying, may administer oaths and take acknowledgments or proofs of deeds and other instruments. In the city of New York, the person must qualify by oath within 30 days after appointment, and may be subject to filing, signature, and authentication requirements. A commissioner of deeds may be removed for cause, and removal or resignation triggers notice and striking of the name from the roll.
- common school education
- A qualification required of a notary applicant.
- communication technology
- The technology used to perform electronic notarial acts. It must permit sufficient audio and visual clarity for live, real-time simultaneous communication throughout the notarial act, including identity verification, identity proofing, the signing of parties present, and the application of the notary's signature and seal without interruption; permit sufficient visual clarity to view, read, and capture the front and back of identification; provide secure signal transmission; prevent undetectable changes to the reproduced record; ensure the electronic record notarized is the same record signed by the principal; and allow recording and archiving of the audio-video session.
- competency
- A condition applicants must prove in order to be appointed notary public.
- completes
- One of the acts that can constitute forgery in the second degree when done with intent to defraud, deceive, or injure another and applied to a written instrument covered by the statute.
- consanguinity
- A relationship by blood that can disqualify a person from acting as the person before whom a deposition may be taken if the person is related to a party.
- conscientiously decline
- To refuse or be unable to take a religious oath, in which case the person may affirm instead.
- Consideration
- Anything of value given to influence someone into entering into a contract, including money, personal services, love and affection, and similar value.
- constitutional oath of office
- The oath a commissioner appointed in another state, territory, dependency, or foreign country must take before performing any duties or exercising any powers of office. The officer before whom it is taken depends on the location: a justice of the peace or other magistrate for a city or county in the United States, a judge of a court of record for a territory or dependency, or an authorized person or court officer for a foreign country.
- Contempt of Court
- Behavior disrespectful of the authority of a court that disrupts the execution of court orders.
- continuous examination
- A deposition must be taken continuously and without unreasonable adjournment unless the court orders otherwise or the witness and parties present agree otherwise.
- Contract
- A written or spoken agreement between competent parties to do or not to do certain things intended to be enforceable by law.
- Conveyance (Deed)
- Every instrument in writing, except a will, by which any estate or interest in real property is created, transferred, assigned, or surrendered.
- county clerk
- The county official who receives the notary’s commission, original oath of office, and signature, maintains a record of the commission and signature, keeps an index of commissions and official signatures, and may issue a recommission.
- County Clerk’s Certificate
- A certificate that authenticates a notary's authority.
- court clerk of the unified court system
- A court clerk who has been appointed to the position after taking a civil service promotional examination in the court clerk series of titles; such a person is exempted from the secretary of state’s qualifying review before issuance of a notary public commission.
- court clerks
- Officials who, like practicing NYS Attorneys, may be appointed notaries public without examination.
- courts of record
- The courts in which a person must be regularly admitted to practice as an attorney and counsellor to qualify for the special notary public rule in subdivision 2.
- credential
- The type of credential used to identify the principal, which must be recorded in the notary's records.
- credit card
- A written instrument listed as a possible subject of forgery in the second degree, as defined in subdivision seven of section 155.00.
- criminal court
- The court from which a person sentenced prior to the effective date of the subdivision may obtain a certificate of conviction.
Example: A homeowner signs a deed in front of a commissioner of deeds when selling a house, and the commissioner completes a **certificate of acknowledgment** confirming the signature was properly witnessed. That certificate is then attached to the deed so the county clerk can authenticate it and the document can be recorded in the land records.
Example: For example, if Maria is appointed as a commissioner of deeds in New York City, the city clerk issues her a certificate of appointment showing her term of office and the county where she lives. She can then file that certificate with the county clerk’s office in the city, paying the required filing fee in each office.
Example: If someone was sentenced before the new law took effect, they might go to the criminal court clerk and ask for a certificate of conviction that shows their sentence as 364 days instead of a full year. For example, a person applying for a job or immigration relief could use that certificate as official proof of the exact sentence on their record.
Example: For example, if Maria applies to become a commissioner of deeds in her city, the city clerk reviews her application and, if satisfied, issues a certificate saying she appears competent to do the job. That certificate is the official proof she needs to move forward with the appointment, and the city charges a small fee of fifty cents for it.
Example: For example, if a bank opens a safe deposit box because the renter stopped paying, the notary would prepare a **certificate under seal** and file it with the landlord or lessor. That certificate would state the exact date the box was opened, the renter’s name, and whether anything was found inside, such as jewelry or important papers.
Example: A certification authority is like the trusted company that verifies digital signatures for an online contract. For example, if a notary uses a separate video platform to notarize a document, a certification authority may independently confirm the identities and secure the electronic records so the notarization can be trusted.
Example: If you need proof of your birth certificate for a passport application, the county clerk can give you a **certified copy** that is officially signed to show it matches the original record. If you took a photocopy to a notary, the notary could not “certify” it as a true copy of the birth certificate, because that authority belongs to the public official who keeps the original record.
Example: A customer moves to a new apartment and calls their service provider to update the mailing address on file. The company charges a $10.00 “Change of Name/Address” fee to process the update.
Example: For example, if a business owner realizes their company address was entered incorrectly on state paperwork, they may submit a **change request** to correct it. When they hand in the form to the secretary of state, they must pay the **$10 fee** at the same time.
Example: For example, if a notary public is accused of repeatedly notarizing documents without checking IDs, the state must formally deliver those charges to the notary before trying to remove them from office. The notary also gets a chance to respond at a hearing and explain their side before any decision is made.
Example: If you buy a couch, a TV, and a dining table for your apartment, those items are **chattel** because they are personal property you own and can move with you. For example, when you move to a new house, you can take your chattel with you, unlike the land or building itself.
Example: A car dealership lets a customer take home a car now and pay for it over time, while the dealership keeps a legal claim to the car until the loan is paid off. The sales contract and payment agreement together are chattel paper because they document the credit sale and the seller’s retained interest in the vehicle.
Example: Imagine a safe deposit box contains a signed promissory note saying your neighbor owes the owner $5,000. That note is a **chose in action** because it represents a right to collect money through a claim, not a physical item you can use right away.
Example: A notary public in New York is asked to witness a witness’s sworn statement for a court case. The Civil Practice Law and Rules tells the notary exactly how to administer the oath—such as having the person raise their hand, swear to tell the truth, and then sign the affidavit properly.
Example: A court clerk in the unified court system might take a civil service promotional examination to qualify for a higher position, like moving from clerk to senior clerk. If they pass, that exam can serve as proof they’re qualified, so they don’t need the secretary of state’s separate qualifying review to get the exemption.
Example: For example, if a city employee takes a small bribe to ignore a permit violation, that could be treated as **official misconduct** and charged as a **Class A misdemeanor**. In a real case, the person might face up to **1 year in jail**, **3 years’ probation**, and a **$1,000 fine or twice the amount gained from the crime**.
Example: For example, if someone is convicted of a Class B misdemeanor for a minor offense like a first-time low-level trespass, the judge might sentence them to 30 days in jail. Because it’s a Class B misdemeanor, the jail term must be a fixed number of days or months set by the court and cannot be longer than three months.
Example: If someone is caught forging a coworker’s signature on an important financial document, that could be charged as **forgery in the second degree**, which the text lists as a **Class D felony**. In this context, the person could face a sentence of up to **7 years in prison**, showing how a serious but lower-level felony can still carry major punishment.
Example: If someone is convicted of a Class E felony for something like serious property damage, the judge can sentence them to prison, but the maximum term under the chart is 4 years. Think of it as a mid-level felony: more serious than a misdemeanor, but with a lower maximum sentence than higher felony classes.
Example: If someone was convicted in a criminal court years ago and now needs proof of that old conviction, they would go to the clerk of that court to get a certificate of conviction. For example, a person applying for a job or license might request that document from the court clerk to show the official record of the case.
Example: For example, if Maria writes a will leaving her house to her son, but later decides to leave the house to her daughter instead, she can sign a **codicil** to change just that part of the will. It works like an official update to the original will without having to rewrite the whole document.
Example: A person is convicted of a drug offense and later learns that the conviction causes them to lose their professional license and makes it hard to find housing. Those extra effects are collateral consequences because they flow from the conviction beyond the court’s sentence, and they may be grounds to ask the court to set aside the sentence under section 440.20.
Example: A commercial instrument could be a company check or a promissory note used in business transactions. For example, if someone forges a fake corporate check and tries to cash it, that document would be treated as a commercial instrument because it has real financial value and is used in commerce.
Example: Imagine a company issues a short-term IOU to borrow money from another business for 30 days. That IOU is a form of **commercial paper**, and if it’s dishonored, it may be the kind of document listed in a fee schedule for protest services.
Example: A notary gets a “commission” when the Secretary of State officially authorizes them to serve, and that paperwork is sent to the county clerk. For example, if Maria is approved to be a notary, her commission is the document that proves she can legally notarize signatures for the next 4 years.
Example: A notary gets a new commission number when they renew their appointment, like getting a new license ID from the state. If that number changes, the notary must notify the county clerk so the official record stays current, just like updating your address on a government file after you move.
Example: A person is **commissioned** when the secretary of state officially appoints them to serve as a notary public for a four-year term. For example, after Maria completes her application, training, and approval, she receives her notary commission and can then legally witness signatures and notarize documents for clients.
Example: Imagine you’re selling a condo in New York City and the buyer needs your signature on the deed notarized and officially acknowledged. A commissioner of deeds can administer the oath and witness that acknowledgment, making the document legally valid for filing.
Example: A person applying to become a notary might first need to show proof of **common school education**, meaning they completed the basic level of schooling required by law. For example, if someone finished elementary and secondary school and has their certificates, they may meet this education requirement before applying for the notary exam or license.
Example: A notary is conducting a remote online notarization over a secure video platform while the signer is in another state. The platform lets the notary clearly see the signer’s face and ID, watch the signing live, apply the notary seal electronically, and save the full audio-video session so the notarization can be verified later.
Example: For example, someone applying to become a notary public may have to show they understand how to properly verify identities, complete notarizations, and follow state rules before they can be appointed. This demonstrated ability is their **competency**—proof they are qualified to do the job correctly.
Example: A person **completes** forgery when they take a nearly finished check and add the missing signature or amount to make it look valid, knowing they plan to cash it. For example, if someone finds a check with the payee line blank and fills it in to trick the bank, that act can count as “completing” a forged instrument.
Example: Imagine a lawyer asks her brother to act as the official person who takes a deposition in a case involving their sister. Because the brother is related by blood to a party, that consanguinity could disqualify him from handling the deposition.
Example: A new judge is asked to swear a religious oath before taking office, but she conscientiously declines because her beliefs don’t allow her to make that kind of oath. Instead, she formally affirms that she will carry out her duties honestly and faithfully.
Example: For example, if a homeowner hires a painter and promises to pay $2,000 after the job is finished, that payment is the consideration that makes the contract enforceable. In another case, a parent might transfer a car to a child “for $1 and love and affection,” and that promised value is still the consideration for the agreement.
Example: For example, if a state appoints a commissioner to handle an official matter in Canada, that person can’t start working right away—they must first take the constitutional oath of office before an authorized official there. It’s like a legal “promise” that confirms they’re officially allowed to use the powers of that office.
Example: If a judge orders someone to stop posting defamatory comments about a case online, but that person keeps doing it and mocks the judge in court, that could be contempt of court. It’s like openly ignoring a referee’s instructions during a game and causing chaos—except here it interferes with the court’s authority.
Example: Imagine a witness starts giving deposition testimony at 9 a.m., and the lawyers keep questioning until lunchtime without unnecessary breaks. If everyone agrees, they might pause for a short lunch break and continue afterward, but they can’t keep stopping and restarting for days without a court-approved reason.
Example: If you hire a plumber to fix a leaking pipe and both of you agree on the price, the work to be done, and the deadline, that agreement is a contract. If the plumber takes your payment but never shows up, you may be able to enforce the agreement in court because it was intended to be legally binding.
Example: For example, when Maria sells her house to James, they sign a **deed** that officially transfers ownership of the property from Maria to James. That signed document is a **conveyance** because it is a written instrument, other than a will, that creates or transfers an interest in real estate.
Example: A county clerk is like the official record-keeper for notaries in a county. For example, when Maria is sworn in as a notary, she files her commission, oath, and signature with the county clerk, who stores the record and can later verify her official signature if needed.
Example: If a notary is asked to sign papers for a home sale, the county clerk’s certificate is like the official “proof badge” showing that the notary is legally authorized to do the job. For example, a title company may request it before accepting a notarized deed, so they know the notary’s signature and seal are valid.
Example: Imagine Maria has worked for years as a court clerk and recently passed the civil service promotional exam for a higher clerk title in the unified court system. Because of that appointment, when she applies to become a notary public, she does not need the secretary of state to do the usual qualifying review first.
Example: A court clerk at a county courthouse might need to notarize official paperwork, such as affidavits or sworn statements, for judges and attorneys handling a case. Because they are court clerks, they can be appointed as notaries public without taking the usual examination, which helps the court process documents more efficiently.
Example: Imagine a lawyer who is admitted to practice in a state trial court and wants to become a notary public under a special rule. That court is a **court of record** because it keeps official records and requires attorneys to be properly admitted to practice there.
Example: For example, if a signer shows a driver’s license to a notary before signing a deed, the notary records that the credential used was a driver’s license. This helps show how the notary identified the person and what proof of identity was used.
Example: Imagine someone steals a store’s credit card number and prints a fake card to buy electronics. That fake card is a forged written instrument because it’s a physical item used to deceive others into thinking the payment is real.
Example: For example, if Maria was convicted of theft in 2018, she would go back to the same criminal court that handled her case to request a certificate of conviction. That court is the one that has the record of her sentence and can issue the certificate she needs.
D
- deed
- A type of written instrument listed as a possible subject of forgery in the second degree.
- deeds
- Written instruments whose acknowledgments may be executed by a notary public so they may be used as evidence of the facts contained in them.
- definite sentence
- A sentence of imprisonment whose term is fixed by the court; the text applies this to class A misdemeanors, class B misdemeanors, unclassified misdemeanors, and violations.
- department of state
- The office where a commissioner appointed in another state, territory, dependency, or foreign country must file a clear impression of the official seal, the written signature, and the certified oath.
- Deponent
- The witness who makes an oath to a written statement. The text says it is used interchangeably with “Affiant.”
- deponents
- Persons whose depositions are taken; their examination and cross-examination proceed as permitted in open court.
- Deposition
- A witness's sworn out-of-court testimony. The text says it may be used at trial, and the witness being deposed is called the deponent.
- depositions
- Examinations that may be taken before certain authorized persons under Rule 3113, subject to exclusions for attorneys, attorney employees, and persons disqualified as jurors because of interest, consanguinity, or affinity.
- diplomatic or consular agent
- A United States diplomatic or consular representative appointed or accredited to, and residing within, a foreign country, who may serve as a person before whom a deposition may be taken in that country.
- discharged LGBT veteran
- A veteran defined in section one of the veterans’ services law who may apply for reappointment within one year after receiving a discharge other than bad conduct or dishonorable.
- disclosure
- The subject matter of Article 31 under the Civil Practice Law and Rules, within which Rule 3113 governs the conduct of examinations and depositions.
- dissolved
- A status of a lessor that does not prevent the remedies provided by the section from being used as to the safe deposit box or its contents.
- dividends
- A payment on securities found in a safe deposit box that, if due and payable at the time of opening or later while in the lessor’s possession, may be collected by the lessor.
- division of licensing
- The Department of State division through which applications for appointment and reappointment of notaries public and registrations of capability to perform electronic notarial acts are provided.
- Division of Licensing Services
- The office to which a notary application must be submitted, together with the oath of office, fee, and exam pass slip.
- division of military and naval affairs of the executive department
- The state division to which military awards, medals, or decorations found in a safe deposit box must be sent and where they are retained indefinitely until claimed or lawfully released.
- drug
- An item for which a prescription may be required by law and which is referenced in the forgery statute in connection with prescriptions and devices used in taking or administering drugs.
- duly licensed physician
- A physician authorized to issue a prescription, as referenced in the forgery statute.
- duplicate ID
- A replacement notary public ID that may be issued if the original is lost, destroyed, or damaged, and is stamped with the word "Duplicate".
- Duplicate Identification Card
- A fee item in the schedule charged at $10.00.
- Duplicate License/Registration Requests
- Requests for which a fee of $10 must be paid to the secretary of state at the time of submission.
- Duress
- Forcing someone to do something against their will.
- duties and responsibilities
- The subject matter with which a qualified notary must be familiar.
- duties and responsibilities of a notary public
- The subject matter with which the applicant must be familiar before the secretary of state issues a commission, unless an exemption applies.
- duty
- An obligation imposed upon a public servant by law or clearly inherent in the nature of the office, the knowing failure to perform which can constitute official misconduct.
Example: A deed is the document you sign when you buy a house and the ownership is officially transferred to you. For example, if someone forged a deed to make it look like they owned your property and then tried to sell it, that forged deed could be treated as a serious forgery offense.
Example: For example, when Maria sells her house, she signs a **deed** transferring ownership to the buyer. A notary public watches her sign and acknowledges the document, which helps make the deed valid as evidence that the property was actually transferred.
Example: A judge sentences someone convicted of a class A misdemeanor to 90 days in jail, and that exact amount of time is written into the sentence. Because the term is fixed by the court, the person knows from the start that they will serve that definite amount rather than an open-ended range.
Example: For example, if a notary from Canada is appointed to work in a U.S. state, they may have to send a clear copy of their official seal, their signature, and their oath to the state’s Department of State before they can legally act there. Think of it as the government office that keeps the official records proving the person is authorized to serve.
Example: A deponent is like a person signing a sworn statement for a court case: before their written account can be used, they swear that it’s true. For example, if a witness writes an affidavit about seeing a car accident, that witness is the deponent, or affiant, because they’re making the sworn statement under oath.
Example: A deponent is like a witness in a lawsuit who gives testimony before trial, usually in a lawyer’s office. For example, in a car accident case, the injured driver may be a deponent when the other side’s lawyer questions them under oath and later uses that testimony in court.
Example: A lawyer is preparing for a car accident trial and interviews the eyewitness under oath in a conference room before court. The witness answers questions on the record, and this sworn out-of-court testimony is a deposition; if needed, parts of it can later be read or played at trial.
Example: In a lawsuit over a car accident, each side might take **depositions** of the driver, passengers, and eyewitnesses before trial so they can ask questions under oath and preserve the testimony. For example, the lawyer could question a witness in a conference room with a court reporter present, but not a person who is excluded under the rule, such as the opposing attorney’s employee or someone too closely related to a party to serve as a juror.
Example: For example, if an American company needs a witness statement from someone living in Japan, a U.S. consular officer at the U.S. embassy in Tokyo might be the official who can legally oversee the deposition. That consular agent is the U.S. representative in the foreign country and can act as the person before whom the testimony is taken.
Example: For example, Maria is an LGBT Army veteran who was discharged under honorable conditions after serving. Because her discharge was not bad conduct or dishonorable, she can apply to be reappointed to a state job within one year of leaving the military.
Example: A lawyer in a car-accident case asks the other driver to answer questions under oath about what happened, where they were driving, and what they saw. That exchange is part of **disclosure** because it helps each side gather information before trial, and Rule 3113 covers how that deposition is conducted.
Example: For example, if a bank that leased out a safe deposit box later dissolves as a company, the renter still may be able to use the legal remedies in the section to protect or recover the box and its contents. In other words, the bank’s dissolved status does not stop those protections from applying.
Example: Imagine you rent a safe deposit box and later find stock certificates inside. If those stocks have unpaid dividends that became due while the box was under the renter’s control, the renter can collect that money from the company.
Example: If you’re applying to become a notary public in your state, you would submit your appointment or reappointment paperwork through the Department of State’s division of licensing. For example, if a person wants to renew their notary commission and also register to perform electronic notarizations, that application would go through this division.
Example: For example, if Maria passes the notary exam and is ready to become a notary, she must send her application, oath of office, fee, and exam pass slip to the Division of Licensing Services. Think of it as the government office that processes the paperwork before she can officially start notarizing documents.
Example: For example, if a bank opens a safe deposit box after the owner dies and finds a veteran’s medals inside, the bank must send those medals to the state’s division of military and naval affairs. The division keeps them safely until the rightful owner or family claims them, or until the law allows them to be released.
Example: A drug could be a prescription antibiotic like amoxicillin that a doctor writes for a patient with an infection. Because it’s regulated, someone can’t legally alter or fake that prescription to get the medicine from a pharmacy.
Example: A “duly licensed physician” is a doctor who has the legal authority to prescribe medication, like a licensed family doctor writing a prescription for antibiotics after examining a patient. If someone tried to forge that doctor’s signature on a prescription pad, it would matter because only an authorized physician can legitimately issue that prescription.
Example: If a notary public loses their wallet and their official ID card is ruined, they can request a replacement card. The new card would be marked **“Duplicate”** so it’s clear it replaces the original ID.
Example: If you lose your student ID card and ask the school office to print you a new one, they may charge a **Duplicate Identification Card** fee of **$10.00**. For example, if your original card was damaged or misplaced, this fee covers the replacement card.
Example: If you lose your vehicle registration card and need a replacement, you’d submit a duplicate registration request and pay the $10 fee to the secretary of state when you file it. For example, after misplacing your license plate paperwork, you go to the office or online system, request a duplicate, and pay the fee to get a new copy.
Example: A cashier is threatened by a robber who says, “Give me the money or I’ll hurt you,” so the cashier hands over the cash even though they don’t want to. This is duress because the person is being forced to act against their will due to a threat.
Example: A notary’s duties and responsibilities are like a checklist they must know before signing off on documents. For example, if someone comes in to notarize a power of attorney, the notary must know how to verify identity, check the signer is willing and aware, and complete the notarial certificate correctly.
Example: A notary public must know how to properly verify a signer’s identity, witness a signature, and complete a notarial certificate without errors. For example, if someone comes in to sign a power of attorney, the notary checks their ID, watches them sign, and then stamps and signs the document correctly so it can be legally used later.
Example: A city building inspector has a duty to check whether a new apartment complex meets safety codes before approving it. If the inspector knowingly skips the inspection or ignores major violations because a friend owns the project, that failure to perform the required duty could count as official misconduct.
E
- Each additional Notice of Protest (limit 5) each
- An additional fee item charged at $0.10 for each notice, with a limit of 5.
- electronic means
- A method by which transmission of records and fees to the county clerk may be accomplished, and which has the same meaning as set forth in section three hundred two of the state technology law.
- electronic notarial act
- An electronic notarial act performed by an electronic notary public for which the notary is entitled to a fee of $25 per act, inclusive of all costs incurred by the notary public.
- electronic notarial acts
- Notarial acts performed using communication technology and subject to the recording, recordkeeping, registration, and fee requirements described in this Part.
- Electronic notarization
- The subject of subdivision 3, which addresses registration of the capability to perform electronic notarial acts and transmission of the electronic signature exemplar and commission changes.
- electronic notary
- The notary who must keep a copy of the recording of the video and audio conference and comply with the recording and retention requirements for electronic notarial acts.
- electronic notary public
- A notary public who has registered to perform electronic notarial acts and is entitled to a fee of $25 for each electronic notarial act performed, inclusive of all costs incurred by the notary public.
- electronic record
- The record presented for electronic notarization; the communication technology must ensure that this record is the same record electronically signed by the principal.
- electronic signature
- The notary public’s signature in electronic form, the exemplar of which is transmitted to the county clerk after registration.
- eligible for reappointment
- The status denied to any notary public who has failed to comply with any requirements of this Part relating to notarial or electronic notarial acts.
- equivalent of a common school education
- A qualification the secretary of state must be satisfied the applicant possesses before issuing a commission, unless an exemption applies.
- Escrow
- The placing of an instrument in the hands of an escrow agent as a depository. On the happening of a designated event, the escrow agent delivers the instrument to a third person. Once established, the agreement should be unalterable.
- escrow agent
- The person who holds the instrument as a depository in an escrow arrangement and delivers it to a third person when the designated event occurs.
- Ex Parte
- A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.
- Examination and cross-examination
- The deposition questioning process that proceeds as permitted in the trial of actions in open court, with the stated exception that a non-party deponent’s counsel may participate and make objections on behalf of the client.
- examination for admittance to practice law in the courts of record in the state
- The examination that law school graduates must take immediately available after graduation, or immediately after notice of failure, in order to qualify under the text’s supervised-activity exception.
- examination in chief
- The subject matter of the initial examination; cross-examination need not be limited to this subject matter.
- Executive Law
- The law referenced as defining the notary’s general authority and imposing the duty to include venue in certificates of acknowledgments or jurats.
- Executor
- A person or institution appointed by a testator to carry out the terms of their will.
- exemplar
- The notary public’s electronic signature exemplar that the secretary of state transmits to the county clerk after registration.
- expiration
- The end of the notary public's commission; reappointment may be sought within 90 days of this date.
- expiration date
- The expiration date of the notary public’s commission, any change in which must be transmitted to the county clerk after registration.
Example: Imagine a shipping clerk has to file a protest notice for a batch of disputed checks, and the first notice is already covered by the base fee. If they need to send 3 more notices, they’d be charged $0.10 each for those extra notices, but never for more than 5 total additional notices.
Example: For example, if a person needs to file a property document with the county clerk, they might upload the record through the clerk’s online portal and pay the filing fee with a credit card instead of mailing paper forms and a check. That online submission is an example of using “electronic means” because the record and fee are transmitted digitally.
Example: A remote homebuyer is signing a mortgage document on a tablet, and an electronic notary public verifies the signer’s identity, watches the signature happen electronically, and applies an official digital seal. Because this is an electronic notarial act, the notary can charge a flat $25 fee for that act, including any costs of doing it electronically.
Example: A notary is on a video call with a client who needs a power of attorney notarized while they’re in different cities. The notary verifies the signer’s identity online, watches the signature happen in real time, and then records and stores the notarization electronically following the required rules and fees.
Example: A notary public who wants to start signing documents electronically registers that capability with the state and submits an example of their electronic signature. Later, if their commission details change, they update the records so their electronic notarizations remain valid and properly tracked.
Example: An electronic notary is like a notary who handles a house-closing over Zoom: they verify the signer’s identity during the video call, witness the signing electronically, and save the recording of the session. For example, if someone signs a power of attorney remotely, the notary keeps the video/audio record as required in case the act is later questioned.
Example: For example, a real estate agent emails a sales contract to a notary who is registered for electronic notarization. The notary verifies the signer’s identity online, applies an electronic seal and signature, and charges a $25 fee for that electronic notarization, which covers all related costs.
Example: A customer signs a mortgage document on a tablet during a video notarization, and the notary uses secure software to confirm that the exact same digital file is the one being signed and notarized. This electronic file is the “electronic record” because it’s the document presented for notarization and the system ensures no one can swap it out after signing.
Example: A notary completes a real estate closing on a tablet and signs the document with a digital pen, creating an electronic signature instead of ink on paper. That signature image is then sent to the county clerk after the notary registers, so officials can verify what the notary’s signature should look like on electronic documents.
Example: A notary public who repeatedly skips required journal entries and ignores the rules for electronic signatures may be denied the chance to serve another term. For example, when their commission expires, the state could refuse to reappoint them because they did not follow the notarial requirements.
Example: For example, if someone applies to become a notary or another commissioned official, the secretary of state may require proof that they have at least the equivalent of a high school education, like a diploma or GED. If they can show that, they meet that qualification unless a special exemption applies.
Example: A homebuyer signs a purchase agreement and puts the deed and funds into escrow with a title company. The title company holds everything until the buyer’s loan is approved and the inspection is passed, then releases the money to the seller and the deed to the buyer.
Example: Imagine you’re buying a house, and the buyer’s check and the signed deed are given to an escrow agent, like a title company employee. The agent keeps both safe and only releases the deed to the buyer and the money to the seller once the sale officially closes.
Example: A judge grants an **ex parte** order when a parent shows up alone asking for a temporary emergency custody change because the other parent has not been notified yet. The court makes the decision based only on that one side’s statement and evidence, without the other party being present.
Example: Imagine a witness is being questioned in a lawsuit about a car accident. The lawyer who called the witness asks questions first during the examination, and then the other side gets a chance to challenge the answers during cross-examination; if the witness is not a party to the case, their own lawyer may also sit in and object to protect them.
Example: A law school graduate in New York takes the state bar exam right after graduation so they can qualify to practice law in the state’s courts. If they fail, they can take it again immediately after receiving the failure notice to still fit the supervised-activity exception.
Example: A witness in a car accident case gives their **examination in chief** when their own lawyer asks them to describe what they saw at the intersection and how the crash happened. Later, on **cross-examination**, the other lawyer can ask about other things too, like the witness’s eyesight or whether they were distracted by their phone, even if those topics weren’t covered in the initial questioning.
Example: A notary in New York is asked to notarize a homeowner’s affidavit for a mortgage refinance. Under Executive Law, the notary must follow the state’s rules for doing the notarization and include the correct venue, like “State of New York, County of Kings,” in the acknowledgment or jurat certificate.
Example: For example, after Maria passes away, her will names her brother as the executor. He is responsible for paying her debts, distributing her jewelry and savings according to the will, and making sure her final wishes are carried out.
Example: An exemplar is like a “sample version” of something used for official comparison. For example, after a notary public registers, the secretary of state might send the county clerk a digital image of that notary’s signature so the clerk can verify later that signed documents really came from that notary.
Example: A notary’s **expiration** is like a driver’s license running out. For example, if Maria’s notary commission expires on June 30, she can no longer notarize documents after that date, but she may apply for reappointment within the next 90 days.
Example: For example, if a notary’s commission is set to expire on June 30, that date is the notary’s expiration date. If the commission is renewed or the expiration date changes, the notary must send the updated information to the county clerk after registering the change.
F
- false information
- Information contained in an official certificate or other official written instrument that the public servant knows is false when issuing or making the instrument for purposes of the false-certificate offense.
- false statement
- A statement contained in an official certificate or other official written instrument that the public servant knows is false when issuing or making the instrument for purposes of the false-certificate offense.
- falsely makes
- One of the acts that can constitute forgery in the second degree when done with intent to defraud, deceive, or injure another and applied to a written instrument covered by the statute.
- Felony
- A crime punishable by death or imprisonment in a state prison.
- Filing Certificate of Official Character
- A fee item in the schedule charged at $1.00.
- Forgery in the second degree
- An offense classified in the text as a Class D Felony. It consists of falsely making, completing, or altering a written document with intent to defraud, deceive, or injure another.
- four-year term
- The term for which a notary public is commissioned by the secretary of state.
Example: A city clerk knowingly writes the wrong date of birth on an official birth certificate because a friend asks for help getting into a program with age limits. That false detail in the official document is “false information” because the public servant knew it was untrue when issuing the certificate.
Example: A city clerk issues a birth certificate stating that a child was born in the city on June 1, even though the clerk knows the child was actually born in another state. That knowingly untrue fact in the official document is a false statement.
Example: A person “falsely makes” a document when they create something that appears to be genuine but is actually fabricated. For example, someone might type up a fake landlord letter on official-looking letterhead to trick a bank into approving an apartment application.
Example: A person who commits armed robbery and is convicted may be sentenced to several years in state prison, which makes it a felony. For example, if someone breaks into a home with a weapon and is found guilty, the court could impose a prison sentence rather than just a fine.
Example: For example, when a notary public needs to prove to a bank or court that they are officially authorized to act in that role, they may file a certificate of their official character. If the office charges a filing fee, this item would appear as a $1.00 fee on the schedule.
Example: A person changes the amount on a signed check from **$50 to $500** and then tries to cash it, hoping the bank won’t notice. That’s forgery in the second degree because they **altered a written document** with the intent to **deceive and defraud** someone.
Example: A notary public is commissioned by the secretary of state for a **four-year term**, meaning they can officially notarize documents for that four-year period before needing to renew their commission. For example, if Maria becomes a notary on July 1, 2024, her authority to act as a notary would typically last until July 1, 2028.
G
- good moral character
- A qualification required of a notary applicant.
- governmental instrumentality
- An entity that may officially issue or create a written instrument for purposes of forgery in the second degree.
- Guardian
- A person in charge of a minor’s person or property.
Example: A person applying to become a notary might be asked to show they have **good moral character** by having no recent fraud or theft convictions and by providing references from employers or community members. For example, someone who volunteers at a local charity, pays bills on time, and has a clean legal record would likely be seen as meeting this requirement.
Example: A city clerk’s office that officially issues birth certificates is a governmental instrumentality, because it has authority to create an official document. If someone forges a fake birth certificate that appears to come from that office, it can count as forgery in the second degree.
Example: If a child’s parents pass away, the court may appoint the child’s aunt as their **guardian**. She would make decisions about where the child lives, goes to school, and how any inherited money or property is managed.
I
- I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.
- The required disclaimer that a notary advertising services must include in the advertisement, translated if necessary.
- identification card
- An identification document presented for verification of identity; the communication technology must allow the notary to view, read, and capture both the front and back of the card.
- identity proofing
- A step that must occur during the live, real-time transmission of an electronic notarial act and be supported by the communication technology.
- identity verification
- A part of the electronic notarial act that occurs during the live, real-time transmission and must be supported by the communication technology; the recording must include the complete notarial act, including this verification.
- in compliance
- The condition an electronic notary public must affirm when applying for reappointment, meaning the notary is otherwise complying with all requirements of this Part.
- Indeterminate sentence
- A jail sentencing structure in which the convicted person’s release date is left open; the text states a 3-year maximum.
- instrument
- A written document or writing that may be executed, delivered, acknowledged, or proved, including deeds, affidavits, and other writings referenced in the text.
- interception
- Unauthorized access to the signal transmission; the communication technology must be secure from interception through lawful means by anyone other than the parties to the notarial act.
- interest
- A payment on securities found in a safe deposit box that, if due and payable at the time of opening or later while in the lessor’s possession, may be collected by the lessor.
- Issuance of Certificate of Official Character
- A fee item in the schedule charged at $1.00.
- Issuing a false certificate
- An offense classified in the text as a Class E Felony. It involves issuing a false certificate with intent to defraud, deceive, or injure another person, while knowing the certificate contains a false statement or false information.
Example: For example, a notary posts an ad online saying, “I can help with immigration forms and notarizations.” Because they are not a lawyer, the ad must also clearly say something like, “I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice,” even if the ad is in another language and needs translation. This tells customers the notary can handle notarizations, but cannot give legal advice.
Example: For example, when Maria joins a remote notary session, she holds up her driver’s license so the notary can clearly see the front with her photo and name, then flips it over so the back can also be read and recorded. This lets the notary verify that the ID is real and matches Maria before completing the notarization.
Example: Imagine you’re signing a house deed online with a remote notary. Before the notary can complete the act, they use live video and identity verification tools to confirm you are really the person named on the document—that real-time check is identity proofing.
Example: During a live online notarization, a notary asks you to hold up your driver’s license to the camera and answer security questions to prove you are really the person signing. That identity check is recorded as part of the full notarial session, so there is proof that the verification happened in real time.
Example: A New York electronic notary is applying for reappointment and confirms they are “in compliance” by showing they’ve completed all required training, kept their commission active, and followed the rules for electronic notarizations. For example, if they’ve maintained their journal, used approved technology, and renewed on time, they can truthfully say they’re in compliance.
Example: For example, a judge might sentence someone to an **indeterminate sentence** of “up to 3 years” for a crime, meaning the person does not know the exact release date when the sentence is given. If they behave well and meet parole requirements, they might be released after 1 or 2 years instead of serving the full 3.
Example: For example, a signed lease agreement for an apartment is an **instrument** because it is a written document that creates legal rights and obligations. Likewise, a deed transferring a house or an affidavit sworn in court are also instruments because they are formal writings that can be executed and used as proof.
Example: Imagine you’re sending a private message through a digital notarization platform, and a hacker uses a device to secretly capture the data while it’s traveling over the internet. That’s interception: someone other than the intended parties gets access to the communication signal without permission.
Example: For example, imagine you rent a safe deposit box and the bank holds a bond certificate inside it. If that bond pays interest while the box is still rented to you, the bank can collect that interest payment for you if it becomes due while the box is in the bank’s possession.
Example: Imagine you need a signed document from a city clerk proving that a public official’s signature is genuine, and the office charges a $1.00 fee to issue that certificate. That small charge is the “issuance of certificate of official character” fee item.
Example: A hospital administrator signs a medical certificate saying an employee was examined and is fully fit for duty, even though the administrator knows the employee was never examined and has a serious condition. Because the certificate is false and was issued to mislead the employer, that would be issuing a false certificate.
J
- judge of a court of record
- The official before whom a commissioner of deeds appointed for a territory or dependency must take the constitutional oath of office.
- Judgment
- A decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.
- Jurat
- A certificate attached to an affidavit or deposition to signify that the affidavit or deposition was properly made before a duly authorized officer.
- jurisdiction
- The geographic scope of a notary public’s authority, which is co-extensive with the boundaries of the state.
- juror
- A person who may be disqualified from serving as the person before whom a deposition is taken if disqualified because of interest in the event or consanguinity or affinity to a party.
- justice of the peace
- The official before whom a commissioner of deeds appointed for a city or county within the United States must take the constitutional oath of office.
Example: For example, if a commissioner of deeds is appointed for a U.S. territory like Puerto Rico, they may have to go before a judge in a court of record and swear the constitutional oath before starting the job. That judge serves as the official witness to make the oath legally valid.
Example: If a contractor finishes a kitchen remodel but the homeowner refuses to pay the final $8,000, the contractor can sue. If the court decides the homeowner really does owe that money, the court issues a judgment stating the exact amount owed.
Example: A jurat is like the notary statement at the end of an affidavit saying, “I watched this person sign and swear to these facts.” For example, if someone files a sworn statement in court about a car accident, the notary signs the jurat to show the person appeared in front of them and took the oath properly.
Example: For example, a notary public commissioned in California can notarize documents anywhere within California, whether they are in Los Angeles, San Diego, or Sacramento. But that same notary cannot lawfully perform notarial acts in Nevada, because their jurisdiction is limited to the state of California.
Example: A juror is like someone asked to sit on a case, but they can’t be part of it if they’re too closely connected to one of the people involved. For example, if a man is supposed to serve on a jury but the defendant is his brother, he could be disqualified because of that family relationship.
Example: When a new commissioner of deeds is appointed in a county, they may have to visit the local justice of the peace to officially swear the constitutional oath of office. For example, before starting to notarize or certify documents, the commissioner stands before the justice of the peace and takes the oath, making the appointment legally valid.
L
- Laches
- The delay or negligence in asserting one’s legal rights.
- last known post-office address
- The address recorded on the lessor’s books and used as the mailing address for notices and copies of certificates sent to the lessee.
- law school
- An educational institution whose graduates are referenced as eligible for the examination for admittance to practice law or admission to practice as an attorney and counselor-at-law, subject to the conditions stated in the text.
- law students
- Persons who have completed at least two semesters of law school and who may, under the stated conditions, act under the supervision of a legal aid organization in a program approved by the appellate division of the supreme court of the department where the organization’s principal office is located.
- Lease
- A contract between two parties where one party allows the other to use their property for a period of time in exchange for money. It is usually paid monthly.
- legal advise
- Legal advice that a notary public may not give unless the notary is a lawyer.
- legal aid organization
- An organization under whose supervision certain law students and law school graduates may act, provided they are participating in a program approved by the appellate division of the supreme court of the department where the organization’s principal office is located.
- legal consultant
- An attorney licensed under rules adopted by the court of appeals pursuant to subdivision six of section fifty-three of this chapter and authorized to render legal services in the state within the limitations prescribed in those rules.
- legal documents
- Documents that a notary public may not draw up or prepare if the courts deem them legal documents or papers.
- lessee
- The person to whom the safe deposit box has been let; the lessee is the party who must pay rental, remove contents after lease termination, may receive notice and a copy of the certificate, and may reclaim contents by paying specified amounts.
- lessor
- The party entitled to the special remedies under § 335; the text describes the lessor as the entity that rents the safe deposit box, sends notices, opens the box, inventories contents, retains them, sells property, and deducts charges and costs.
- letters rogatory
- A formal commission or request under which a person may be appointed to take a deposition in a foreign country under Rule 3113.
- Lien
- A claim or legal right against assets that are usually used as collateral to satisfy a debt. A creditor or a legal judgment could establish a lien.
- Litigation
- The act of carrying on a lawsuit.
- live, real-time transmission
- A communication method required during electronic notarial acts that allows the notary and the person requesting the act to see and speak to each other simultaneously without interruption throughout the duration of the act.
Example: If a homeowner notices a neighbor slowly building a fence over their property line but waits 10 years to complain, a court may say they were guilty of **laches** because they delayed too long in asserting their rights. The long delay can make it unfair to force the neighbor to tear the fence down after relying on the silence.
Example: For example, if a tenant moves out of an apartment but the landlord still has the tenant’s old mailing address on file, that old address is the tenant’s last known post-office address. If the landlord needs to send a notice about a security deposit or a lease issue, they mail it to that recorded address.
Example: If Maya wants to become a lawyer, she might enroll in a law school after college to study contracts, criminal law, and legal writing. After graduating, she would be eligible to sit for the bar exam, which is the test she must pass before she can practice law as an attorney.
Example: A law student might spend the summer at a legal aid office helping a supervisor prepare simple tenant-rights forms for people facing eviction. For example, after completing two semesters of law school, they could interview clients, draft basic documents, and assist in court-related work only under the supervision of an approved legal aid organization.
Example: For example, when Maria rents an apartment, she signs a lease with the landlord. The landlord lets her live there for one year, and Maria pays rent every month in exchange for using the apartment.
Example: A notary at a shipping company is asked, “Should I sign this contract, or can I back out later?” The notary can witness the signature, but cannot tell the person what their legal rights are or whether the contract is safe to sign unless the notary is also a lawyer.
Example: A legal aid organization is like a nonprofit law office that helps low-income people with legal problems, such as an eviction or a benefits denial. For example, a law student in an approved clinic might help interview a tenant and draft papers, but does so under the organization’s supervision and rules.
Example: A legal consultant might be a lawyer licensed in another country who is approved to advise clients in New York on foreign law issues. For example, a company doing business in both the U.S. and Japan could hire that consultant to explain Japanese contract rules while staying within the limits of the consultant’s authorization.
Example: For example, if someone asks a notary to draft a divorce agreement or a will from scratch, the notary may not do that because those are legal documents that require legal expertise. The notary can only notarize signatures or verify identities, not prepare the actual legal paperwork.
Example: A lessee is like a person renting a storage locker at a facility. They pay the rental fee, get notices about the locker, and when the rental ends, they’re responsible for removing their belongings or paying any required charges to get them back.
Example: A bank rents a safe deposit box to a customer, and the bank is the **lessor** because it is the party providing the box and handling the legal steps if the renter stops paying. For example, if the customer defaults, the bank may send notice, open the box, inventory the contents, and later sell items to recover unpaid charges and costs.
Example: A U.S. lawyer needs testimony from a witness who lives in France, but the witness can’t just be deposed under normal U.S. court procedures because they’re abroad. The lawyer asks the court to issue letters rogatory, which are sent to the foreign country as a formal request for permission to take the deposition there.
Example: If you take out a car loan and then stop making payments, the lender may place a lien on the car. That means the lender has a legal claim to the car and can take it or sell it to recover the unpaid debt.
Example: A homeowner sues a contractor for leaving major repairs unfinished and causing water damage. The back-and-forth legal process of filing claims, gathering evidence, and going to court is called **litigation**.
Example: A notary is helping someone sign a power of attorney over a video call, and both can see and hear each other the whole time while the document is signed and notarized. If the connection drops and they can’t communicate continuously, it would no longer count as live, real-time transmission.
M
- magistrate
- An official before whom a commissioner of deeds appointed for a city or county within the United States may take the constitutional oath of office.
- Matter of Napolis
- A cited case for the rule that an oath cannot be administered over the telephone.
- military awards, medals, or decorations
- Items found in a safe deposit box that may not be sold; they must be sent to the division of military and naval affairs, retained indefinitely until claimed by the lessee, the lessee’s estate, or another lawfully entitled person or entity, and may be displayed by the New York state military museum and veterans research center.
- military discharge
- The discharge from service after which an application for reappointment may be made within one year to qualify for waiver of requirements, provided the discharge is under conditions other than dishonorable.
- misconduct
- The basis on which the secretary of state may suspend or remove a notary public from office.
- Misdemeanor
- A crime punishable by less than 1 year in jail. Community service, probation, fines, and imprisonment for less than 1 year are commonly issued punishments for misdemeanors. It is any crime other than a felony.
- Mortgage On Real Property
- A transfer of an interest in land as security for a loan or other obligation. It is the most common method of financing real estate transactions and is usually in the form of a bond.
Example: A newly appointed commissioner of deeds in a county courthouse goes to a local magistrate to take the constitutional oath before starting the job. The magistrate is the official who witnesses the oath and makes it official.
Example: Imagine a notary is on the phone with a witness who wants to swear an affidavit, but the notary cannot see the person raise their hand or confirm their identity in person. Under the rule from **Matter of Napolis**, that phone call is not enough—an oath has to be administered in a proper in-person setting, not just over the telephone.
Example: For example, if a bank opens a safe deposit box after the owner dies and finds a set of military medals from a veteran’s service, those medals can’t be sold like ordinary valuables. Instead, they must be turned over to the Division of Military and Naval Affairs and kept until the veteran’s family or another legally entitled person claims them, with the option for the New York State Military Museum to display them.
Example: A soldier leaves the army after completing service and is discharged honorably, but later wants to rejoin within one year. Because the discharge was not dishonorable, they can apply for reappointment and may qualify for a waiver of some requirements.
Example: If a notary public repeatedly stamps documents without actually watching people sign them, that would be misconduct. For example, if they notarize a stack of loan papers for a friend who never appeared in person, the secretary of state could suspend or remove them for breaking the rules.
Example: If someone gets caught shoplifting a small item from a store, they might be charged with a misdemeanor instead of a felony. A court could punish them with a fine, community service, probation, or a short jail sentence of less than one year.
Example: A family buys a house but doesn’t have enough cash to pay the full price, so they take out a bank loan and use the house itself as security. If they stop making payments, the lender can claim the property through the mortgage process.
N
- new appointment
- The treatment given to registration of the capability to perform electronic notarizations by the secretary of state.
- New York Consolidated Laws
- The compiled body of New York statutes referenced in the text as the source of the Banking Law and the Civil Practice Law and Rules provisions quoted here.
- New York state military museum and veterans research center
- The institution under the jurisdiction of the division of military and naval affairs that must provide storage for and display military awards, medals, or decorations received under subdivision (f-1).
- non-party deponent’s counsel
- Counsel for a deponent who is not a party; this counsel may participate in the deposition and make objections on behalf of the client in the same manner as counsel for a party.
- non-refundable
- A fee characteristic meaning the fee cannot be returned after payment; this applies to the application, registration, and renewal fees, and to the examination fee and change request fee as described.
- non-refundable application fee of sixty dollars
- The fee the secretary of state receives from applicants for appointment or reappointment; it must be submitted with the application and no further fee is paid for issuance of the commission.
- not-for-profit corporation law
- The law under which corporations may exercise special powers when duly appointed, as referenced in the text.
- notarial act
- An act performed by a notary public; records must include the date, approximate time, and type of notarial acts performed, and electronic notarial acts have additional technology and recording requirements.
- notarial acts
- Acts for which a notary public is entitled to a fee as set forth in section 136 of the Executive Law.
- notaries public
- Officials who must maintain records sufficient to document compliance with sections 130 and 135-c of the Executive Law and the duties and responsibilities of a notary public and/or electronic notary public as outlined in this Part.
- Notary Application
- The application process for becoming a notary public, which requires passing the New York State notary public examination and submitting an application to the Division of Licensing Services with an oath of office, a $60 fee, and an exam pass slip.
- notary commission
- The 4-year term of a notary public’s commission.
- Notary must officiate on request
- A rule stating that refusing to take an oath or affidavit is considered official misconduct and is a Class A Misdemeanor.
- Notary Public
- A person commissioned by the Secretary of State, with a 4-year term, who must be a resident of the state or have a place of business within New York, and whose signature and authority are recorded by the county clerk.
- notary public ID card
- The identification card issued to an applicant after appointment as a notary public.
- notary public identification card
- A card transmitted to the appointee that indicates the appointee’s name, address, county, and commission term.
- Notary Public License Law
- The body of New York notary-public law and notes covering appointment, qualifications, powers, duties, restrictions, violations, definitions, and fees for notaries public.
- notary's signature and seal
- The notary's signature and seal, which must be applied during the live, real-time transmission without interruption as part of the electronic notarial act.
- NYS Attorneys
- Practicing New York State attorneys who may be appointed notaries public without examination.
Example: A notary who wants to start performing electronic notarizations submits an application to the secretary of state. Once approved, that registration is like a “new appointment” because it officially authorizes the notary to do e-notarizations.
Example: For example, if a lawyer in New York wants to know the exact rule for filing a lawsuit or how a bank must operate, they would look in the New York Consolidated Laws rather than searching through scattered old statutes. It’s like using one organized rulebook that gathers the state’s laws into a single place.
Example: A veteran brings in a Medal of Honor and a Purple Heart to the New York State Military Museum and Veterans Research Center, and the staff places them in a secure exhibit case so visitors can see them. The museum also stores the medals safely in its collections, making sure they are preserved and available for historical research.
Example: A company’s former accountant is subpoenaed for a deposition in a lawsuit between two businesses. The accountant’s own lawyer attends the deposition, asks for breaks when needed, and objects to questions that invade the accountant’s privacy or seek privileged information, even though the accountant is not a party to the case.
Example: If you pay a $100 application fee for a summer camp and later decide not to attend, you don’t get that money back because the fee is non-refundable. Even if your registration is canceled or you change your mind after paying an exam or renewal fee, the payment stays with the organization.
Example: For example, if Maria applies to become a notary, she includes a $60 application fee with her paperwork when she sends it to the secretary of state. Even if her application is approved and her commission is issued, she does not pay any extra fee later because that original $60 is non-refundable and covers the application process.
Example: A local animal shelter is organized as a not-for-profit corporation, so it can legally accept donations, sign contracts for vet services, and apply for grants under the rules that govern nonprofits. Because it’s operating under not-for-profit corporation law, it can use those special legal powers to carry out its charitable mission rather than to make profits for owners.
Example: For example, if you sign a car title at a bank, the notary public may witness your signature and complete a **notarial act** by stamping the document and recording the date, approximate time, and what type of notarization was done. If the notarization is done online, the notary also has to follow extra rules for the technology used and keep required electronic records.
Example: For example, when someone is buying a house and needs their mortgage documents notarized, the notary public performs a **notarial act** and can charge the fee allowed by law. Another common example is witnessing a person sign an affidavit, where the notary’s official service is one of the acts covered by the statutory fee schedule.
Example: A notary public at a real estate office might keep a detailed log of every document they notarize, including the date, signer’s name, type of document, and how the signer’s identity was verified. If a question later comes up about whether the notarization was done properly, those records show the notary followed the required rules.
Example: For example, Maria wants to become a notary so she can witness signatures at her real estate office. She studies for and passes the New York State notary exam, then sends in her application to the Division of Licensing Services with her oath of office, the $60 fee, and her exam pass slip.
Example: A notary public is appointed for a 4-year notary commission, like a driver’s license that has an expiration date. For example, if Maria becomes a notary on June 1, 2026, her commission would usually end four years later, so she must renew it if she wants to keep notarizing documents.
Example: If a person walks into a notary’s office and asks to swear to the truth of a signed affidavit, the notary cannot refuse just because the document is inconvenient or the notary is in a bad mood. If the notary turns them away anyway, that refusal would count as official misconduct and could be charged as a Class A misdemeanor.
Example: Imagine you’re buying a used car and the seller needs to sign the title in front of an official to prove the signature is real. A **notary public** is that official—they witness the signing, verify identity, and then stamp or sign the document so it can be trusted in legal and business transactions.
Example: After Maria is officially appointed as a notary public, she receives a notary public ID card from the state. When she goes to a bank to notarize a document, she shows that card to prove she is authorized to act as a notary.
Example: For example, after Maria is appointed as a notary public, she receives a notary public identification card in the mail showing her full name, home address, county, and the dates of her commission. She can keep it with her records as proof of her official notary appointment details.
Example: A practical example of Notary Public License Law is when someone in New York needs a document like a power of attorney notarized before it can be used in a real estate closing. The notary must follow state rules on who can serve, what identification is needed, what they can and cannot do, and how much they may charge.
Example: For example, during a live video call, a notary watches you sign a property transfer form and immediately applies their digital signature and seal while the session is still connected. If the call drops and they add the seal later, it would not meet the requirement because the notarization has to happen in real time without interruption.
Example: A lawyer in New York who is already licensed to practice law can be appointed as a notary public without taking the usual notary exam. For example, if a New York attorney needs to notarize a client’s affidavit during a real estate closing, they can do so once appointed as a notary public.
O
- oath
- A sworn statement used in notarial practice; the text gives a sample lawful oath and notes that persons who conscientiously decline taking an oath may instead affirm.
- oath of office
- A required oath that must be sworn and notarized and submitted with the notary application; the Secretary of State forwards the original oath of office to the county clerk after approval.
- Oath of witness
- The oath administered by the officer before whom a deposition is taken, before the witness’s testimony is recorded.
- Oath or Affirmation
- A fee item in the schedule charged at $2.00.
- objections
- Challenges made at the time of the deposition examination to the qualifications of the officer or recorder, the manner of taking the deposition, the testimony presented, the conduct of any person, or any other aspect of the proceedings; they must be noted by the officer on the deposition.
- office or place of business in New York state
- An alternative qualifying connection to New York state that allows a person to be appointed as a notary public.
- officer administering the oath
- The officer who administers the oath for the deposition; unless otherwise stipulated, this officer must be physically present at the place of the deposition.
- officer of the armed forces
- A military officer authorized to take the acknowledgment of deeds and who may serve as a person before whom a deposition may be taken in a foreign country.
- official certificates
- Official written instruments that a public servant is authorized by law to make or issue and that are covered by the false-certificate offense.
- official character
- A notarial status referenced in the fee schedule through issuance and filing of a certificate of official character.
- Official misconduct
- A Class A Misdemeanor under the text. It includes performing unauthorized acts and not performing the duties of a notary when requested.
- official number
- The number given to a commissioner of deeds by the city clerk, which must be affixed in black ink to each instrument along with the date the term expires and the commissioner’s signature.
- official seal
- The seal used by a commissioner of deeds or city clerk in the filing and certification process. A commissioner in other states, territories, or foreign countries must prepare an official seal showing specified identifying information, and county clerk authentication is made under hand and official seal.
- official signature
- The applicant’s signature filed with the application; it takes effect when the commission is issued and is transmitted to the county clerk.
- official written instruments
- Written instruments that a public servant is authorized by law to make or issue and that are covered by the false-certificate offense.
- one year
- In the context of misdemeanor definite sentences or maximum definite sentences of imprisonment, this phrase is interpreted and applied as three hundred sixty-four days.
- opportunity of being heard
- The procedural right a notary public must be given before removal from office for misconduct.
- order of removal
- The mayor-signed order that removes a commissioner of deeds from office. Upon receipt of the order, the city clerk must strike the commissioner’s name from the roll of commissioners of deeds.
- original rental
- The maximum charge the lessor may impose for safe-keeping of the contents of an opened safe deposit box; the safe-keeping charge shall not exceed the original rental of the safe deposit box so opened.
Example: A notary might ask a witness in a court-related affidavit to swear, “I solemnly swear that the information I’m giving is true,” before signing the document. If the witness has religious or personal objections to swearing, they can instead make an affirmation, which has the same legal effect.
Example: For example, when someone is applying to become a notary, they may have to sign an oath of office saying they will follow the law and perform their duties honestly. After it’s sworn and notarized, that oath is included with the application, and once approved, the Secretary of State sends the original to the county clerk.
Example: A court reporter is about to record a witness’s deposition in a lawsuit about a car accident. Before the witness answers any questions, the officer says, “Do you swear that the testimony you’re about to give is the truth?” That is the oath of witness.
Example: For example, if someone needs to sign a sworn statement at a courthouse, they may be charged a **$2.00 oath or affirmation fee** for having that statement formally sworn or affirmed. Think of it as a small administrative charge for the official act of making the declaration under oath.
Example: During a deposition, the lawyer might object if the court reporter isn’t properly authorized or if a witness is being asked a question that is clearly improper, like one that calls for privileged information. For example, if opposing counsel interrupts with a leading question or the witness’s answer is based on hearsay, the objection is made on the record so it becomes part of the deposition transcript.
Example: For example, Maria lives in New Jersey but works full-time at a law firm in Manhattan. Because she has an office or place of business in New York state, she can qualify to be appointed as a New York notary public.
Example: For example, if a lawyer is taking a witness’s deposition in a conference room, the court reporter or notary acting as the **officer administering the oath** is the person who says, “Please raise your right hand,” and formally swears the witness in. That officer usually has to be in the room with everyone unless the parties have agreed to do it another way.
Example: For example, if a U.S. contractor is working on a project overseas and needs to sign a property deed, an officer of the armed forces stationed there could legally witness and acknowledge the signature. That same officer might also be the authorized official who oversees a deposition taken in that foreign country.
Example: For example, a city clerk who is legally authorized to issue birth certificates creates an official birth certificate for someone. If the clerk knowingly writes false information on it, that document would be an official certificate covered by the false-certificate offense.
Example: For example, a notary is asked to certify documents for a company that needs proof they are a legitimate public official. They file a certificate of official character with the county, and that filing helps others verify the notary’s authority when charging the proper fee.
Example: A notary is asked to witness a signature on a loan form but refuses without a valid reason, even though the person has properly presented the document and ID. Or, the notary stamps and signs a document they were not authorized to notarize. Both situations could be examples of official misconduct because the notary either failed to do a required duty or acted outside their authority.
Example: For example, a commissioner of deeds in New York signs an affidavit for a neighbor and, right next to the signature, writes their official number in black ink, such as “Official No. 247,” along with the date their commission expires. This helps anyone reviewing the document confirm that the commissioner is properly authorized to act.
Example: Imagine a city clerk is certifying a copy of a birth record for someone who needs it for a passport application. The clerk presses the office’s official seal onto the document to show it has been properly filed and authenticated, just like a notary stamp proves a signature was verified.
Example: For example, when someone applies to become a notary, they sign the application form with their usual legal signature. That signature becomes the “official signature” once the commission is issued, and the county clerk keeps it on file so others can verify the notary’s signatures later.
Example: A city clerk issues a marriage certificate after verifying the couple’s documents. Because the clerk is legally authorized to create that certificate, it counts as an official written instrument. If the clerk knowingly puts false information on it, that could trigger the false-certificate offense.
Example: For a misdemeanor sentence, “one year” might mean a judge orders someone to serve 364 days in jail, not 365. For example, if a person is convicted of a misdemeanor theft offense, the court could sentence them to “one year,” and legally that would be treated as 364 days of imprisonment.
Example: Imagine a notary public is accused of improperly certifying documents. Before the state can remove them from office, the notary gets a chance to appear at a hearing, explain their side, and present evidence or witnesses. That chance to defend themselves is the “opportunity of being heard.”
Example: For example, if a commissioner of deeds is found to have violated city rules, the mayor may sign an **order of removal**. Once the city clerk receives that order, the clerk updates the official records by crossing the commissioner’s name off the list of commissioners of deeds.
Example: A bank charges $40 a year to rent a safe deposit box. If the box has to be opened for safe-keeping of its contents, the bank can charge a fee for storing those items, but that fee cannot be more than the original $40 rental.
P
- password
- A secure means of authentication or access that may safeguard record storage when records are maintained through a third party.
- Perjury
- Making a statement or giving testimony as fact while knowing it is actually false. The text also states that the wilful making of a false affidavit is perjury.
- personal appearance
- The physical presence of the individual making an acknowledgment or affidavit, which is required unless remote or virtual appearance is allowed as of 2/25/22 for signing over video conferencing applications.
- personally identifiable information
- Information that the recording of the video and audio conference must not include unless it is subject to the recordkeeping requirements set forth in section 182.9 of this Part.
- persons before whom depositions may be taken
- The authorized individuals before whom depositions may be taken under Rule 3113, including persons authorized by state law to administer oaths, certain persons outside the state, and certain foreign-country officials or appointees, but excluding attorneys or attorney employees for a party or prospective party and persons disqualified as jurors because of interest, consanguinity, or affinity.
- Plaintiff
- A person who starts a suit or brings an action against another.
- Power of Attorney
- A written statement by an individual giving another person the power to act for him.
- predecessor in interest
- A prior lessor from whom the safe deposit box was originally let; a lessor holding a box originally let by such a predecessor may use the section’s remedies as if the box had been rented from that lessor in the first instance.
- prescription
- A prescription of a duly licensed physician or other person authorized to issue it, which may be the subject of forgery in the second degree when related to any drug or any instrument or device used in taking or administering drugs for which a prescription is required by law.
- principal
- The amount on securities found in a safe deposit box that, if due and payable at the time of opening or later while in the lessor’s possession, may be collected by the lessor.
- pro hac vice
- A limited admission to practice in the State of New York for an attorney admitted in another state, territory, district, or foreign country, within the limitations prescribed in the rules of the court of appeals.
- probation
- An alternative sentence mentioned in the text for a Class A misdemeanor, with a duration of 3 years.
- Procedure of appointment; fees and commissions; fee payment methods
- The section governing new appointment, reappointment, and electronic notarization procedures, including required submissions, issuance of commissions, fee amounts, and transmission of records.
- proceeds of the sale
- The money obtained from the sale of property or articles of apparent value from the safe deposit box; the lessor deducts charges and costs from these proceeds, and any balance may later become abandoned property.
- process
- Legal process that a non-resident notary public accepts service of through the secretary of state when accepting the office of notary public in the state.
- process of reproduction
- A reproduction method used by the communication technology that must not permit additions, deletions, or changes without leaving a record of those changes.
- Professional Conduct
- The section addressing what a notary public may not do, including giving legal advice unless a lawyer, drawing legal documents, soliciting legal business, dividing fees with a lawyer, and advertising powers not granted to a notary.
- promissory note
- An instrument that may be presented for payment or acceptance and, if refused, may be the subject of a protest by a notary public under seal.
- promissory notes
- An item that may be sold under the section when found in a safe deposit box and when the lessor has power to sell the contents.
- Proof
- A document signed by a witness stating they knew the person described in and who executed the instrument, and that they saw the person execute the instrument.
- Proof of Execution (each person)
- A fee item in the schedule charged at $2.00 per person.
- proofs of deeds
- A type of act that a commissioner of deeds may take after qualifying, together with acknowledgments and other instruments, in any part of the city of New York.
- proper index
- The index the county clerk must make of commissions and official signatures transmitted by the secretary of state.
- proper record
- The record the county clerk must make of commissions transmitted by the secretary of state under the reappointment provisions.
- propound
- To put written questions to the witness, as the officer must do when a party transmits written questions for a deposition.
- protective order
- An order a person may apply for during deposition proceedings, which the deposition proceeds subject to.
- Protest
- A formal statement written and signed by a notary public describing that a form of payment, such as a bill of exchange or promissory note, was denied or refused to be accepted.
- Protest of Note, Commercial Paper, etc.
- A fee item in the schedule charged at $0.75.
- public auction
- The sale method the lessor may use for property or articles of apparent value from the safe deposit box after the required notice period and publication requirements are met.
- public office
- The office in or with which an instrument may be filed, or by which a written instrument may be officially issued or created, for purposes of forgery in the second degree.
- public record
- A record that, if falsely made, completed, or altered with the required intent, can be the basis for forgery in the second degree.
- public servant
- A person who may be the issuer or creator of an officially issued or created written instrument for purposes of forgery in the second degree, or who may commit official misconduct.
- public transportation transfers
- Articles that are part of an issue and may be the subject of forgery in the second degree when manufactured and designed for use as symbols of value usable in place of money.
Example: For example, when you log into your online bank account, you enter a password to prove it’s really you before you can see your records. If the bank uses a third-party cloud service to store those records, the password helps keep unauthorized people from accessing them.
Example: A witness in court says, “I saw the defendant at home that night,” even though they know they were actually with the defendant at a restaurant. That is perjury because they are giving false testimony on purpose, and the same would apply if someone knowingly signed a false affidavit.
Example: A person appears at a bank to sign a notarized affidavit in front of the notary, who can see them in person and confirm their identity. That in-person visit is the “personal appearance” required for the notarization, unless the law allows the signing to happen over approved video conferencing instead.
Example: For example, if a company records a video meeting about a client’s account, it should avoid capturing the client’s full name, home address, phone number, or other details that could identify them unless the recording is required to be kept under the rules in section 182.9. A safer approach would be to use a general title like “Customer A” and remove any identifying information before saving the recording.
Example: Imagine a witness is being questioned in a lawsuit, and the deposition is held in a courthouse conference room with a licensed notary public or a court reporter authorized to administer oaths. That person can legally oversee the deposition, but the opposing lawyer’s own assistant or a close relative of one party cannot do it because they’re not neutral or properly authorized.
Example: For example, if Maria believes her landlord illegally kept her security deposit, she can file a lawsuit to get it back. In that case, Maria is the **plaintiff** because she is the one who starts the legal action against the landlord.
Example: For example, if Maria has to travel overseas for six months, she can sign a power of attorney giving her brother the authority to pay her bills and handle her bank matters while she is away. This lets him act on her behalf in specific legal or financial situations.
Example: A bank buys another bank that had originally rented a safe deposit box to a customer. Even though the new bank wasn’t the one that first leased the box, it can still use the same legal remedies if the customer causes a problem, because it is the predecessor in interest’s successor.
Example: A doctor writes a prescription for a patient to get blood pressure medication at the pharmacy. If someone were to fake that prescription to obtain the drug illegally, that would be an example of prescription forgery.
Example: Imagine a safe deposit box contains a bond that says the owner will be paid $10,000 when it matures. If the bank opens the box and that payment is already due, the bank can collect the **principal**—the original amount owed on the security.
Example: A lawyer licensed in California is hired to handle a New York lawsuit because she has special experience with the type of case. She applies for **pro hac vice** admission so she can appear in that one New York case, even though she is not generally licensed to practice in New York.
Example: If someone is convicted of a Class A misdemeanor for vandalizing a storefront, the judge might give them **probation** instead of jail. For the next 3 years, they would have to follow rules like checking in with an officer, staying out of trouble, and possibly doing community service.
Example: Imagine a person who just passed the notary exam and wants to become a notary public. They must submit the required application and fee, receive their commission from the state, and then follow the rules for how clients can pay notary fees, including any electronic notarization record requirements.
Example: For example, if a safe deposit box contains a watch and the bank sells it after the owner stops paying fees, the money the bank gets from that sale is the **proceeds of the sale**. The bank can first deduct storage or auction costs, and if any money is left over, that balance may eventually be treated as abandoned property.
Example: For example, if a person from another state becomes a notary public here, they may be required to accept **process** through the secretary of state. That means if they are ever sued or need to receive official legal papers, those documents can be legally served through the secretary of state instead of handing them directly to the notary.
Example: Imagine a company storing legal contracts in a digital archive where every copy must stay exact to the original. If someone edits, deletes, or adds anything, the system automatically logs that change so there’s a clear record of what was altered and when.
Example: A notary public at a shipping office is asked by a customer, “Should I sign this contract, and can you fill in the legal wording for me?” The notary must refuse to give legal advice or draft the document, and also cannot advertise themselves as able to provide legal services or share fees with a lawyer for sending clients their way.
Example: A company gives a supplier a promissory note saying, “We promise to pay $10,000 in 90 days.” If the company refuses to pay when the note is due, the supplier can have a notary public formally record the refusal in a protest.
Example: A promissory note is like a signed IOU found in a safe deposit box, such as a note saying, “I promise to pay you $5,000 next month.” If the bank or lessor has legal authority to sell the box’s contents, that note could be sold as part of the contents.
Example: For example, if Maria signs a deed to sell her house, a neighbor who watched her sign can later write and sign a statement saying, “I know Maria, I saw her sign the deed, and she is the same person named in the document.” That signed statement is the proof—it helps confirm the deed was truly executed by the right person.
Example: For a community event, the venue charges a **Proof of Execution** fee of **$2.00 per person**. So if 50 people attend, this fee would add **$100 total** to the schedule.
Example: Imagine a person in Manhattan needs to sign a property transfer document, and a commissioner of deeds witnesses the signing and certifies that it was done properly. That certification is a “proof of deed,” which helps verify the document so it can be accepted for official recording.
Example: A county clerk receives a packet from the secretary of state containing new commissions and official signatures, like those for a newly appointed sheriff or judge. The clerk enters each item into the proper index so anyone can later quickly find the official document and verify the signature.
Example: For example, when the secretary of state sends the county clerk a list of newly reappointed officials, the clerk enters each commission into the official county logbook exactly as required. That log entry is the “proper record” because it is the formal county record showing the commission was received and recorded.
Example: In a lawsuit, one lawyer sends a list of written questions to the court officer before a deposition. The officer then propounds those questions to the witness, reading or presenting them exactly as submitted.
Example: For example, during a deposition a witness may be asked to reveal sensitive business secrets. The judge can issue a **protective order** so the questioning can continue, but only under limits like keeping certain answers confidential or preventing overly broad questions.
Example: A small business sends a bill of exchange to a client, but the client refuses to accept it when it’s presented for payment. The business then has a notary public prepare a protest, formally recording that the payment was refused.
Example: Imagine you’re the bank and someone asks you to formally document that a check or promissory note was dishonored, so you prepare a “protest” record for it. The schedule shows a small administrative charge of $0.75 for that service, which would appear as the fee item for a protest of a note or other commercial paper.
Example: A public auction is like when a bank opens a safe deposit box after the owner hasn’t responded, then sells valuable items inside at a scheduled auction that anyone can attend. For example, if the box contains jewelry and the required notices have been sent and published, the lessor may sell those items to the highest bidder at the auction.
Example: If someone forges a fake deed and files it at the county clerk’s office, that office is a **public office** because it’s the official place where the document is filed. Likewise, if a forged birth certificate is made to look like it was issued by the state vital records office, that office is a **public office** because it officially creates such documents.
Example: A city clerk issues a birth certificate for someone, and that certificate is a public record because it’s an official government document. If someone secretly changes the birth date on it to help commit fraud, that altered public record could support a forgery charge.
Example: A public servant could be a city clerk who signs and issues official building permits. If that clerk knowingly alters a permit or creates a fake one, they could be involved in forgery or official misconduct because they are using their official role to produce an official document improperly.
Example: Imagine you buy a bus pass that lets you switch from one bus line to another without paying again. That pass is a **public transportation transfer** because it’s a ticket or slip used to show you’ve already paid for a ride and can continue your trip.
Q
- qualifying condition
- A condition defined in section one of the veterans’ services law that, if present, allows an applicant to seek reappointment within one year after receiving a discharge other than bad conduct or dishonorable.
Example: For example, a veteran is discharged from service with a general discharge because of a documented medical or family hardship that fits the law’s listed qualifying conditions. Because that condition is recognized under the veterans’ services law, the person can apply to be reappointed within one year instead of being permanently barred by the discharge.
R
- real estate
- Property upon which a mortgage may create a lien as security for payment of a specified debt.
- real property law
- The body of law referenced as authorizing certain persons outside the state to take acknowledgments of deeds for purposes of Rule 3113.
- reappointment
- The process of being appointed again as a notary public, which requires submission of the oath of office signed by the applicant and an authorized authority, and may result in a recommission issued by the county clerk.
- recommission
- A new commission that the county clerk can issue after an application for reappointment is received.
- recording of testimony
- The act of recording the witness’s testimony personally by the officer or by someone acting under the officer’s direction, using stenographic or other means subject to appellate division rules.
- recordkeeping requirements
- The requirements in section 182.9 of this Part that govern what information may be included in the recording of the video and audio conference and what records must be maintained.
- register
- The office of the city of New York that, together with county clerk offices, may receive deeds or other instruments proved or acknowledged before a commissioner of deeds without the county clerk’s authentication certificate being necessary.
- registered or certified mail, return receipt requested
- The required mailing method for notices and copies of certificates under the section; the notice must be sent in this manner to the lessee at the last known post-office address.
- registration fee
- A non-refundable fee of $60 that registrants for electronic notarial acts must submit to the secretary of state with their registration.
- registration of the capability to perform electronic notarial acts
- The registration required before the secretary of state transmits the exemplar of the notary public’s electronic signature and any change in commission number or expiration date.
- registration system
- The Department of State system through which the notary's exemplar of electronic signature must be provided.
- regulations
- Rules the state comptroller must develop to specify the procedures and requirements for delivering military awards, medals, or decorations to the division of military and naval affairs and for reporting information to the state comptroller’s office.
- remote electronic means
- Telephone or other electronic means by which the parties may stipulate that a deposition be taken and that a party may participate electronically.
- remove
- An action the Secretary of State may take against a notary after providing a copy of the charges and a hearing.
- renewal
- The process for an applicant whose term as commissioner of deeds has expired to seek appointment again within six months after expiration. For such renewal, the city clerk must issue a certificate stating that the applicant has theretofore qualified for appointment and indicating the date of the original appointment.
- renewal fee
- A non-refundable fee of $60 that notaries public must pay to renew their notary public commission; it is used and distributed in accordance with section 131 of the Executive Law.
- renewal period
- The six-month period after a notary public’s term has expired during which a person may apply for reappointment with the county clerk and potentially have qualifying requirements waived.
- resident of the state of New York
- A required status for appointment as a notary public, unless the applicant has an office or place of business in New York state.
- Rule 3113
- The Civil Practice Law and Rules provision governing the conduct of the examination, including who may take depositions and before whom they may be taken.
Example: A couple buys a house and takes out a mortgage from the bank to pay for it. The house itself is the real estate, and if they stop making payments, the bank can place a lien on that property as security for the debt.
Example: A homeowner in another state signs a deed to sell a vacation cabin in New York. Under real property law, a notary or other authorized official in that other state can take the seller’s acknowledgment so the deed can be properly recorded in New York.
Example: After her four-year notary term ends, Maria wants to keep serving clients, so she applies for **reappointment**. She signs the oath of office, gets it authorized, and the county clerk issues her a new commission so she can continue notarizing documents.
Example: For example, a notary’s commission is about to expire, and they submit their reappointment paperwork to the county clerk. Once the clerk receives the application, they can issue a **recommission** so the notary can keep working without interruption.
Example: In a court hearing, a court reporter sits beside the judge and types every word a witness says into a stenographic machine so there is an exact record of the testimony. Later, if there is an appeal, that transcript can be reviewed to see exactly what the witness said.
Example: For example, if a school board holds a disciplinary hearing by video conference, the recording can only include the information allowed under section 182.9, such as the hearing discussion itself—not unrelated private details. The board also has to keep the required records, like the recording and any other mandated documents, so it can prove the hearing was handled properly later.
Example: For example, when someone buys an apartment in New York City, the signed deed can be filed with the city’s register office instead of needing extra authentication from the county clerk. This makes it easier to officially record the property transfer.
Example: A landlord needs to send a formal notice to a tenant about a lease issue, so they mail it by **certified mail with return receipt requested** to the tenant’s last known address. The postal service gives the landlord proof that the letter was sent and a signed receipt showing when it was delivered, which helps prove the tenant was properly notified.
Example: For example, if a notary wants to be allowed to perform electronic notarial acts, they must send in their registration form along with the $60 registration fee. Even if their application is later denied or they change their mind, that fee is not returned because it is non-refundable.
Example: For example, if a notary gets approved to sign documents electronically, they must first register that capability with the secretary of state before any electronic signature sample is sent out. If later their commission number changes or their commission expires and is renewed, that updated information also has to be registered so the state can keep the official records current.
Example: A notary who wants to use an electronic signature might upload their signature sample to the state’s online registration system before they can legally notarize documents electronically. For example, if a county clerk needs to verify that a digital notarization really came from that notary, they would check the signature in that system.
Example: Imagine the state comptroller’s office creates a step-by-step checklist for the military department to follow when sending out medals to service members. The checklist also says exactly what information must be reported back, like the recipient’s name, award type, and delivery date, so everything is handled consistently and tracked properly.
Example: For example, two lawyers agree to take a witness’s deposition over Zoom instead of meeting in person. The witness answers questions from home while one attorney attends in the conference room and the other joins remotely by video call.
Example: For example, if a notary is accused of repeatedly notarizing documents without checking ID, the Secretary of State may send them the charges and hold a hearing. After that process, the Secretary of State could **remove** the notary from office, meaning they are no longer allowed to serve as a notary.
Example: Imagine Maria’s term as a commissioner of deeds ends on June 1, and she wants to keep serving. If she applies again within six months, the city clerk can give her a renewal certificate showing she was previously qualified and listing the date she was first appointed, so she can be considered for reappointment.
Example: For example, if a notary public’s commission is about to expire and they want to keep working, they must submit the renewal paperwork and pay the $60 renewal fee. Even if they later decide not to continue as a notary, that fee is non-refundable.
Example: A notary’s commission expires in June, but they forget to reapply right away. If they go to the county clerk within the next six months, they may still be able to get reappointed without repeating all the usual qualification steps.
Example: For example, if Maria lives in Brooklyn, she can apply to become a New York notary because she is a resident of the state. If someone lives in New Jersey but runs an office in Manhattan, they may still qualify because having a New York office can also meet the requirement.
Example: In a lawsuit over a car accident, Rule 3113 would control how the lawyers take a deposition of the driver who saw the crash. It tells the parties who is allowed to question the witness and what kind of official, like a court reporter or notary, must be present to properly record the testimony.
S
- safe deposit box
- A box let by a lessor under a lease arrangement; if rent is unpaid for one year or the lessee fails to remove contents within thirty days after lease termination, the box may be opened, inventoried, and its contents handled under the section’s procedures.
- safe-keeping
- The retention and storage of the contents of an opened safe deposit box by the lessor for a period of not less than two years unless sooner removed by the lessee; the charge for safe-keeping may not exceed the original rental of the box.
- Schedule of Fees
- A list of specified charges for notarial services, including a $60.00 total commission fee for appointment as Notary Public ($40 appointment and $20 filing of Oath of Office), $10.00 for change of name/address, $10.00 for duplicate identification card, $1.00 for issuance and filing of certificate of official character, $3.00 for authentication certificate, $0.75 for protest of note/commercial paper/etc., $0.10 for each additional notice of protest up to a limit of 5, $2.00 for oath or affirmation, $2.00 for acknowledgment per person, $2.00 for proof of execution per person, and $2.00 for swearing witness.
- Seal
- A notarial seal is not required by the laws of the State of New York. If used, it should sufficiently identify the notary public, his authority and jurisdiction, and the only inscription required is the name of the notary and the words “Notary Public for the State of New York.”
- Secretary of State
- The official who commissions notaries public, forwards the commission, original oath of office, and signature to the county clerk after approval, and may suspend or remove a notary after providing a copy of the charges and a hearing.
- section 440.10 of the criminal procedure law
- The provision referenced in the text as a source of further relief, specifically paragraph (j) of subdivision one, which remains available without prejudice after resentencing by operation of law.
- section 440.20 of the criminal procedure law
- The provision under which a misdemeanor sentence other than a definite sentence of imprisonment of one year may be set aside on motion of the defendant, based on a showing that the judgment and sentence are likely to result in collateral consequences, so the court may resentence the defendant in accordance with the amendatory provisions.
- section one hundred thirty-five-c
- The section under which registration of the capability to perform electronic notarial acts must occur.
- securities
- Items found in a safe deposit box, including bonds, stock certificates, promissory notes, choses in action, and other securities, that may be sold under the section’s authority even if the box contents do not show the lessee’s title or transfer power.
- signal transmission
- The transmission of the communication signal used in electronic notarial acts, which must be secure from interception through lawful means by anyone other than the parties to the notarial act.
- signature
- The signing of any parties present during the transaction, which must occur during the live, real-time transmission and without interruption as part of the electronic notarial act.
- Signature of Notary Public
- The notary public must sign the name under which they were appointed and no other. The notary must print in black ink their signature, venue, their name, “Notary Public State of New York,” the name of the county they qualify in, and the date of notary term expiration. If the notary marries during the term of office, they must continue to use the name they were commissioned under, may place their married name in parentheses next to their signature and seal, may renew their notary term under their new married name, and must perform all notarial functions under the name selected. A notary may also be appointed and officiate under the name by which he is known in religious circles.
- state comptroller
- The official who must develop regulations specifying procedures and requirements for delivering military awards, medals, or decorations to the division of military and naval affairs and for reporting related information to the comptroller’s office.
- state technology law
- The law that defines the meaning of “electronic” for purposes of this section.
- Statute
- A law established by an act of the Legislature.
- Statute of Frauds
- A law that requires written contracts for certain agreements to be legally binding or enforceable at law.
- Statute of Limitations
- A law that sets the maximum amount of time that parties in a dispute have to initiate legal proceedings.
- stenographer’s minutes
- The record of the hearing before the mayor or designated assistant corporation counsel in removal proceedings. The assistant must certify a copy of these minutes, together with exhibits received in evidence and recommendations on the issues presented.
- stipulate
- For the parties to agree that a deposition be taken by telephone or other remote electronic means and that a party may participate electronically.
- stock certificates
- A type of security that may be sold when the lessor has power to sell the contents of the safe deposit box.
- Subordination Clause
- A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.
- subpoena witnesses
- A power the mayor, or an assistant corporation counsel designated to preside, may exercise in removal proceedings against a commissioner of deeds to compel witness attendance.
- subscribing witness
- A witness to the execution of an instrument who makes the formal declaration called proof.
- Sunday
- A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. A deposition cannot be taken on Sunday in a civil proceeding.
- supreme court of the department
- The court whose appellate division approves the relevant program and whose department is tied to the location of the principal office of the legal aid organization or the place where the activities occur.
- suspend
- An action the Secretary of State may take against a notary after providing a copy of the charges and a hearing.
- Swear
- Includes every mode authorized by law for administering an oath.
- Swearing Witness
- A fee item in the schedule charged at $2.00.
- symbols of value
- Articles manufactured and designed for use in place of money for the purchase of property or services, and included among the items covered by forgery in the second degree.
Example: A bank customer rents a safe deposit box to store family jewelry and important documents. If they stop paying the annual rental fee for a year, or they don’t remove the items within 30 days after the lease ends, the bank can open the box, inventory what’s inside, and follow the required legal procedures for handling the contents.
Example: Imagine you rent a safe deposit box at a bank, then later stop using it. The bank keeps the items inside for at least two years, unless you come back and take them sooner, and it can only charge you for that storage up to the amount you originally paid to rent the box.
Example: A new notary gets appointed and pays the $60 total commission fee, which covers the appointment and filing of the Oath of Office. Later, if that notary changes their address and needs a duplicate ID card, they’d pay $10 for each service, while a customer who needs an acknowledgment would pay $2 per person for that notarial act.
Example: Imagine a New York notary stamping a signed affidavit at a law office. The notary is allowed to use a seal, but if they do, it only needs to show their name and the words “Notary Public for the State of New York” so the document clearly identifies who notarized it and under what authority.
Example: For example, if a person is approved to become a notary public, the Secretary of State sends out the official commission and forwards the notary’s oath and signature to the county clerk so the appointment is properly recorded. If that notary later breaks the rules, the Secretary of State can start a suspension or removal process, but must first give them the charges and a chance to be heard.
Example: For example, if someone was resentenced because of a later change in the law, they could still later file a motion under section 440.10(1)(j) if they discover new facts showing the conviction should be challenged. Think of it like getting a second chance to ask the court to review the case, even after the sentence was changed.
Example: A person convicted of a misdemeanor gets a sentence that could hurt them later, like making it hard to get a job or housing. Under section 440.20, they can ask the court to set aside that sentence if they show those collateral consequences are likely, and the judge may resentence them under the updated law.
Example: A notary in New York wants to start signing documents electronically instead of on paper. Before doing that, they must register their ability to perform electronic notarial acts under section 135-c so the state knows they are authorized to use that electronic process.
Example: For example, if a bank opens an abandoned safe deposit box and finds stock certificates, government bonds, and a promissory note inside, those items are considered securities. Even if the papers don’t clearly show who owns them or how they can be transferred, they can still be sold under the law’s authority.
Example: Imagine a notary is conducting a remote signing over a secure video platform, and the document details are sent through an encrypted connection so only the signer, the notary, and authorized systems can access them. If someone tries to intercept the data while it’s traveling online, they only see unreadable scrambled information, not the actual notarial communication.
Example: For an online notarization, the signer joins a live video call with the notary and signs the document while everyone is watching in real time. For example, if Maria is closing on a house, she must sign during that live session, not later by email or after the call ends.
Example: For example, if Maria Lopez was commissioned as “Maria Lopez,” she must sign every notarization exactly as “Maria Lopez,” even after getting married, unless she renews under her new name. On a notarized affidavit in New York, she would print in black ink her signature, the venue, “Maria Lopez,” “Notary Public State of New York,” her county, and her commission expiration date.
Example: A state comptroller is like the state’s financial and record-keeping manager. For example, if a veteran is awarded a military medal, the comptroller’s office would set the rules for how that award gets reported and delivered properly to the state military department, so the records stay accurate and the medal reaches the right person.
Example: A state passes a rule saying that a permit application can be filed “electronically,” and then the law explains that this includes submitting the form by email or through the state’s online portal. So if a business owner uploads the application online instead of mailing paper copies, that counts as electronic filing under the law.
Example: A city passes a new **statute** requiring all drivers to stop at red lights. If someone runs a red light, they can be fined because that rule was officially made by the legislature, not just suggested by a person or group.
Example: If you agree to buy a house from someone, that deal usually has to be put in writing and signed to be enforceable. For example, if you and a seller only shake hands on a $300,000 home purchase, the Statute of Frauds may prevent either side from enforcing that agreement in court unless there’s a written contract.
Example: If a contractor finishes a home renovation badly, the homeowner can’t wait forever to sue. For example, if the statute of limitations for that type of claim is three years, the homeowner must file the lawsuit within three years of discovering the problem, or they lose the right to take the contractor to court.
Example: For example, if a city employee is facing removal, the hearing before the mayor or assistant corporation counsel is recorded by a stenographer, just like a court reporter in a trial. Those “stenographer’s minutes” become the official transcript of what was said, along with any documents admitted as evidence, so the assistant can certify the record and make recommendations based on it.
Example: In a lawsuit, both lawyers might **stipulate** that a witness’s deposition will be taken over Zoom instead of in person, and that each side can join electronically from their offices. This agreement saves time and travel while still letting everyone question the witness.
Example: For example, if a bank is allowed by the lease agreement to open and sell the contents of a safe deposit box after the renter stops paying, and the box contains paper stock certificates, the bank can sell those certificates to recover the unpaid fees. This shows how stock certificates can be treated as a security that may be sold in that situation.
Example: Imagine you already have a mortgage on your house, and later you agree to let the bank issue a new loan for a home renovation that will be paid off before your original mortgage if you default. That agreement is a subordination clause, because it lets the newer mortgage move ahead of the older one in priority.
Example: For example, if a commissioner of deeds is accused of misconduct, the mayor can require important witnesses, like office staff or someone who saw the events, to appear and testify at the hearing. This is like being legally ordered to come to court so the city can get the facts before deciding whether to remove the commissioner.
Example: A subscribing witness is like the person who watches you sign a will and then later tells the court, “Yes, I saw them sign it.” For example, if Maria signs a contract in front of her coworker, and the coworker later gives formal proof that Maria really signed it, that coworker is acting as the subscribing witness.
Example: For example, if someone needs to sign a sworn affidavit for a property sale on Sunday, a notary public can still administer the oath and notarize the acknowledgment that day. But if a lawyer wants to record a witness deposition in a civil lawsuit, that deposition cannot legally be taken on Sunday.
Example: Imagine a legal aid group has its main office in Albany and runs a program in nearby counties. The “supreme court of the department” would be the appellate division connected to that region, and it’s the court that must approve the program because the organization is based there or the work is happening there.
Example: For example, if a notary is accused of repeatedly notarizing documents without properly checking the signer’s identity, the Secretary of State may first send the notary a copy of the charges and hold a hearing. If the misconduct is proven, the notary’s commission could be **suspended**, meaning they are temporarily not allowed to perform notarizations.
Example: In a courtroom, a witness may be asked to “swear” to tell the truth by raising their hand and taking an oath on a Bible, or by affirming under penalty of perjury if they prefer not to use a religious oath. That’s because “swear” includes any legally allowed method of giving an oath, not just one specific ritual.
Example: Imagine you go to a courthouse to testify in a small claims case, and the clerk adds a line item called “swearing witness” for $2.00. That fee is the small charge for formally administering the oath to the witness before they give their testimony.
Example: A movie theater gives out plastic tokens that can be used to buy popcorn and drinks instead of cash. If someone makes fake tokens to trade for concessions, those tokens are acting as **symbols of value** because they’re used like money for goods or services.
T
- take and subscribe
- The act required of an appointed commissioner of deeds of formally taking and signing the oath of office before the commissioner of deeds clerk or another person authorized to administer oaths.
- Taking an Acknowledgment
- The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument.
- telephone charges
- Additional costs of conducting the deposition by telephonic or other remote electronic means that must be borne by the party requesting that method, unless otherwise stipulated.
- telephonic
- By telephone; used in describing deposition conduct by telephonic or other remote electronic means.
- term of four years
- The length of a notary public appointment.
- testator
- The person who appoints an executor to carry out the terms of their will.
- third party
- An outside entity through which record storage may be made, provided the records are safeguarded through a password or other secure means of authentication or access.
- three hundred sixty-five days
- In the context of misdemeanor definite sentences or maximum definite sentences of imprisonment, this phrase is interpreted and applied as three hundred sixty-four days.
- three hundred sixty-four days
- The maximum definite sentence for a class A misdemeanor, and also the maximum for an unclassified misdemeanor; the text further states that any reference to one year, three hundred sixty-five days, 365 days, or similar phrases in this context means three hundred sixty-four days.
- three months
- The maximum definite sentence for a class B misdemeanor.
- TITLE 19 NYCRR CHAPTER V, SUBCHAPTER L | PART 182 NOTARIES PUBLIC
- The regulatory title and part governing notaries public in the text, under which the advertising rule in §182.1 appears.
- tokens
- Articles that are part of an issue and are manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services.
- Total Commission Fee
- The $60.00 fee listed for appointment as Notary Public, made up of a $40 appointment fee and a $20 filing fee for the Oath of Office.
Example: For example, after being appointed as a commissioner of deeds, Maria goes to the clerk’s office, raises her right hand, and swears to faithfully perform her duties. She then signs the oath form in front of the clerk, which officially completes the “take and subscribe” step.
Example: A person signs a deed to sell their house, then appears before a notary and says, “I’m the person named in this document, and I signed it willingly.” The notary then confirms this acknowledgment and completes the notarial certificate.
Example: If a lawyer asks to take a deposition over Zoom instead of in person, the extra costs for the remote setup—like the court reporter’s remote appearance fee or video platform charges—are “telephone charges” in this sense. For example, if the requesting party wants the witness questioned by phone because everyone is in different states, that party usually has to pay those added remote-deposition costs unless the other side agrees otherwise.
Example: A lawyer in New York conducts a witness deposition by telephonic means because the witness is stuck at home in California and cannot travel. Instead of meeting in person, everyone joins by phone, and the testimony is taken remotely.
Example: A notary public is appointed for a **term of four years**, meaning they can legally serve in that role for four years before needing to be reappointed. For example, if Maria is sworn in as a notary in 2026, her appointment would typically expire in 2030 unless renewed.
Example: For example, when Maria writes her will and names her son to handle her estate after she dies, Maria is the **testator**. She is the person making the will and choosing who will carry out its instructions.
Example: For example, a small clinic might store patient records on a cloud service like Google Drive or Dropbox instead of on its own computers. In that case, the cloud provider is the third party, and the clinic protects the records with passwords, two-factor authentication, or other secure access controls.
Example: If a law says a misdemeanor sentence can be up to “365 days,” the court would actually treat that as **364 days** of jail time. For example, someone convicted of a misdemeanor might be sentenced to 364 days instead of a full year because the legal phrase “365 days” is interpreted that way.
Example: Imagine someone is convicted of a Class A misdemeanor, like a serious shoplifting case, and the judge says the maximum sentence is “one year.” In this legal context, that actually means **364 days**, not 365, so the person could be sentenced to at most 364 days in jail.
Example: For example, if someone is convicted of a class B misdemeanor for a minor offense like a first-time low-level public disturbance, the judge can sentence them to no more than three months in jail. That “three months” is the maximum definite sentence allowed for that type of misdemeanor.
Example: A real-world example is a New York notary public who wants to advertise their services on a flyer or website. They have to follow the rules in Title 19 NYCRR Part 182, including §182.1, which controls how the notary can present their advertising so it is not misleading.
Example: Imagine you’re at an arcade and instead of using cash, you buy a handful of plastic tokens to play the games. Each token stands for a certain amount of value and can be used in place of money for that service.
Example: For example, if Maria applies to become a Notary Public, she pays one total commission fee of **$60**. That amount includes the **$40 appointment fee** plus the **$20 filing fee** for filing her Oath of Office.
U
- unauthorized exercise of his official functions
- An act relating to a public servant’s office that constitutes an unauthorized exercise of official functions, done knowing that the act is unauthorized, and which can support a charge of official misconduct.
- Unclassified misdemeanor
- A misdemeanor for which a sentence of imprisonment must be a definite sentence fixed by the court, must conform to the sentence specified in the law or ordinance defining the crime, and in any event may not exceed three hundred sixty-four days.
- United States coin or currency
- Money found among the contents of an opened safe deposit box that need not be sold; it may be used by the lessor to pay rental, opening costs, notary fees, and further safe-keeping, selling, and destruction costs, with any remaining amount becoming abandoned property after three years.
Example: A city building inspector goes into a restaurant and orders the owner to close down for a week, even though he has no legal authority to do that and knows he isn’t allowed to make that decision. Because he used his position to perform an official act without permission, that would be an unauthorized exercise of his official functions.
Example: A city ordinance says that first-time illegal camping is an unclassified misdemeanor punishable by up to 30 days in jail. If a judge convicts someone, the court must give a definite jail sentence that matches the ordinance and cannot go over the legal maximum—in this case, no more than 30 days, and never more than 364 days.
Example: For example, if a bank opens a safe deposit box and finds $200 in U.S. coins and bills inside, the bank can use that money to cover unpaid rent on the box, the cost of opening it, and other handling fees. If any money is left after those expenses, and no one claims it for three years, it can be treated as abandoned property.
V
- vacate
- To lose the notary title when a notary moves out of state and ceases to have a business or office in New York.
- vacate his or her office as a notary public
- What happens when a resident notary moves out of New York state and does not retain an office or place of business in the state, or when a nonresident notary ceases to have an office or place of business in the state.
- vacates his office
- The consequence that occurs when a commissioner of deeds removes from the city of New York during his term of office; the office is vacated and the city clerk must strike the name from the roll of commissioners of deeds.
- vendor
- A provider whose account information may be used in registering the technology used to attach the notary's electronic signature to the electronic record, provided the vendor meets the requirements of this Part.
- vendor account information
- Information from a vendor that may be used to effectuate registration of the technology used to attach the notary's electronic signature to the electronic record, if the vendor meets the requirements of this Part.
- Venue
- The geographical place where a notary public takes an affidavit or acknowledgment.
- verification of the accuracy
- The confirmation required when a registered electronic notary public applies for reappointment, covering all information on file with the secretary of state.
- verification procedures
- The procedures used for any personal appearance before the notary public, which must be recorded in the notary's records.
- verification providers
- Providers identified in the records for electronic notarial acts if they are not included as part of the communication technology used by the electronic notary.
- video and audio conference
- The recorded conference for an electronic notarial act; the electronic notary must keep a copy of it, and it must include the complete notarial act, required signatures, and a verbal description of the type of identification used.
- video conferencing applications
- The remote or virtual medium over which, as of 2/25/22, an individual may appear for signing in New York state.
- Violation
- An offense for which a sentence of imprisonment must be a definite sentence fixed by the court and may not exceed fifteen days; if the violation is defined outside this chapter and the defining law or ordinance expressly specifies a sentence consisting solely of a fine, no imprisonment may be imposed.
- Violation of certain preceding sections a misdemeanor
- The rule that, except as provided in section four hundred eighty-five-a, any person violating sections four hundred seventy-eight through four hundred eighty-four of this article is guilty of a misdemeanor.
Example: If a New York notary moves to New Jersey and no longer has a business or office in New York, they must vacate their notary title. For example, Maria relocates to Pennsylvania and closes her New York office, so she can no longer act as a New York notary.
Example: If a New York notary moves to New Jersey and no longer keeps any office or business location in New York, they must vacate their office as a notary public. For example, if they used to notarize documents at a Brooklyn law office but then permanently relocate and stop working there, they can no longer keep their New York notary position active in the state.
Example: For example, if a commissioner of deeds moves from New York City to New Jersey before his term ends, he has “vacated his office.” The city clerk would then remove his name from the official list of commissioners of deeds because he no longer qualifies to serve in that office.
Example: For example, a notary buys an electronic signature system from a software company that supplies the tools for signing documents digitally. If that company meets the required standards, its account information can be used when registering the technology the notary uses to attach their electronic signature to an electronic record.
Example: For example, a notary buys an electronic signature platform from a certified vendor. The vendor provides the account details and registration information needed so the notary can activate and use the signature system to sign electronic documents properly.
Example: For a notary public, the **venue** is the location where the notarization happens, such as “State of Texas, County of Travis” written at the top of an affidavit. For example, if someone signs a document in a coffee shop in Austin and the notary notarizes it there, that city and county are the venue.
Example: A registered electronic notary public is up for reappointment and must confirm that every detail on file with the secretary of state is still correct, such as their name, address, and commission information. For example, if the notary recently moved, they must update that record and verify the accuracy of all their information before being reappointed.
Example: A notary is asked to verify a signer’s identity when they come in to sign a power of attorney. The notary checks the person’s ID, confirms their identity in person, and then records that verification procedure in the notary journal.
Example: A notary using a video-signing platform hires a separate identity-check service to confirm the signer’s ID before completing the electronic notarization. That identity-check company is a **verification provider** because it appears in the notarial record but is not built into the video platform itself.
Example: A real-world example is a remote loan signing where the signer and notary meet over Zoom, and the notary records the entire session. The recording shows the full notarial act, the signer’s and notary’s required signatures, and the notary verbally stating whether the signer used a driver’s license, passport, or other approved ID.
Example: For example, a person who is traveling out of state can still sign a real estate document in New York by joining a notary session on Zoom or Microsoft Teams. The notary watches the person sign through the video call, so the signing happens remotely instead of in person.
Example: A city ordinance says parking in a certain emergency lane is a **violation** punishable only by a $50 fine, so the court cannot send the driver to jail. Even if the judge wants to be strict, the sentence must be limited to the definite punishment allowed by law, and it cannot exceed 15 days if imprisonment is permitted at all.
Example: For example, if a business owner illegally uses or sells a protected seed variety covered by sections 478 through 484, they could be charged with a misdemeanor. This means the violation is treated as a criminal offense, even if the law doesn’t specify a more serious penalty under section 485-a.
W
- Will
- A legally enforceable declaration of how a person wants their property and assets distributed after death. In a will, a person can also recommend a guardian for their minor children and make provisions for any surviving pets.
- written exam
- An examination that certain notary public applicants must take and for which a fee of $15 is required for each examination taken, payable on the date of the examination.
- written instrument
- A document or instrument that may be falsely made, completed, or altered for forgery in the second degree if it is or purports to be, or is calculated to become or represent if completed, one of the listed categories.
- written questions
- Questions that a party served with notice of taking a deposition may transmit to the officer instead of participating in an oral examination; the officer must propound them to the witness and record the answers.
Example: For example, Maria writes a will saying her house should go to her daughter, her savings to her son, and her sister should care for her 10-year-old child if she dies. She also leaves instructions for her dog to be cared for by a friend and sets aside money for its expenses.
Example: For example, if Maria applies to become a notary public, she may be required to take a written exam before being approved. When she arrives for the test, she pays the $15 fee that day and then completes the exam on paper or at a testing center.
Example: A written instrument could be a signed check. For example, if someone changes the amount on a real check from $50 to $500 and tries to cash it, that altered document is a written instrument used in forgery.
Example: For example, if a lawyer can’t attend a witness’s deposition in person, they may send **written questions** to the court reporter or other officer instead. The officer then asks the witness each question aloud and writes down the answers, so the deposition still creates a formal record.
About These Definitions
All definitions in this glossary are sourced from the official New York Notary Public License Law pamphlet and New York Department of State materials, including Title 19 NYCRR Part 182 and related statutes. All definitions reflect current New York law as of 2026. This glossary is provided for exam preparation purposes. For official legal interpretations, consult the New York Department of State or a licensed New York attorney.
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